Discrimination Against Aboriginals in Western Australia

BOX E 280 G.P O. CANBERRA. A C T 2600 (062) 47 0633

DISCRIMINATION AGAINST ABORIGINALS IN WESTERN AUSTRALIA

A Report by the Commissioner for Community Relations on complaints of racial discrimination and enquiries under the Racial Discrimination Act 1975 for the period 31 October 1975 to 9 October 1981.

Community Relations Paper No. 18 October 1981

Discrimination against Aboriginals in Western Australia 3 The Western Australian Government 7 Elections 10 Land 12 Police 16 Law 18 Government Departments 18 Hotels 20 Media 22 Recreation 23 Accommodation 23 Transport and Services 24 Health 25 Employment 25 Community 26 Consultative Committees on Community Relations 27 Conclusion 29 Appendixes  Map of Western Australia showing enquiries and visits by town or centre 31  Towns from which complaints received 32  Towns visited by officers for the purpose of enquiry 33  Schedule of complaints and outcomes 35

DISCRIMINATION AGAINST ABORIGINALS IN WESTERN AUSTRALIA

The Racial Discrimination Act 1 975 came into operation on 31 October 1975 and since then the Commissioner for Community Relations has received 109 complaints of racial discrimination against Aboriginal people in Western Australia. This paper details those complaints and the outcome of the Com- missioner's actions. Of the 109 complaints received 87 have been concluded. They involve 118 complainants, 194 specifically mentioned aggrieved parties and 112 respondents. These figures exclude numbers involved when entire Aboriginal communities joined as aggrieved parties in various complaints. In these cases, several hundred people were involved. Complaints came from 35 towns from all over Western Australia. Of these 35 towns, 11 were visited by officers on field trips to investigate and settle complaints. The complaints demonstrate that racial discrimination is widespread throughout Western Australia and that the rights of Aboriginal people are infringed in practically all aspects of their daily lives. Public facilities and public services are often denied Aboriginal people. The purpose of this paper is to present the factual picture of racial discrimination against Aboriginals in Western Australia as shown in complaints I have received. From this, a general picture of the position of Aborigines can be drawn. My officers and myself have travelled to a number of centres and have dealt with complaints in many of these. We have observed at first hand, discrimination in the community and have been confronted with racial prejudice and racial discrimination. Overall experience has shown that wherever there is a significant Aboriginal presence then racial discrimination is almost inevitable.

METHODS

The following methods were employed in dealing with complaints: — by telephone from Canberra — were referred to and handled by Consultative Committees on Com- munity Relations — by other organisations and individuals assisting the Commissioner — by correspondence from the Commissioner —were handled on the spot by officers during field trips. Consultative Committees on Community Relations and people of goodwill have greatly assisted and always participated in cases within their town and district. The Committees achieved settlement in 20 cases referred to them by the Commissioner. Many matters have been received and dealt with directly by Consultative Committees themselves.

3 In 50 cases correspondence was sufficient to effect a resolution of the complaints following contact with complainants, respondents and people in the community. Field work is essential to combat racial prejudice and racial discrimination. It is the most effective single means of educating the community and for settling complaints of racial discrimination. Field work is undertaken whenever possible. Inadequate resources available to Commissioner for Community Relations has limited the amount of field work undertaken in the past six years in Western Australia. Of the complaints dealt with by officers on field trips, 7 were resolved by compulsory conferences between the parties involved. In all, 77complaints were brought to conclusion by the direct intervention of the Office. A further 10 cases were pursued by the Office but it was found at some stage in the proceedings that the complainants did not desire to pursue the matter further or had solved the problem by other means.

THE NATURE OF COMPLAINTS

Complaints of racial discrimination received against Aboriginal people can be divided into several main areas. They are: — Western Australian Government —Elections — Land —Police — Law — Government Departments —Hotels —Media — Recreation — Accommodation — Transport and Services —Health — Employment — Community

BASIS OF SETTLEMENT

Complaints set out four main bases of settlement: — cash damages — written apology — oral apology — visits by officers to validate complaints and to demonstrate that racial discrimination is unacceptable.

4 Of these four groups, by far the most common was the desire of complainants to have investigations carried out to validate the complaints and demonstrate that such conduct is unacceptable under the law.

SETTLEMENT ACHIEVED

As the schedule of complaints shows, apologies and assurances were obtained on behalf of aggrieved parties. In one case respondents paid cash damages of $1,000 to an entire Aboriginal community which sought some tangible form of apology. Many Aboriginals find even the conciliation process unsatisfactory as a form of redress for the humiliation and loss of dignity suffered as a result of racial discrimination. There is resentment that under the Racial Discrimination Act 1975 the burden of seeking relief from discrimination and oppression always lies ultimately with the victim who is often the least equipped to face his oppressors or to cope with courts if conciliation fails. I have recommended that consideration be given to strengthen the Act by making it possible for a designated authority to carry the complaint if in the Commissioner's view the complainant is not able to pursue the matter on his or her own behalf.

REALITIES OF SETTLEMENT

The settlement in many cases reflects the lack of vindictiveness of Aboriginal complainants and their modest demands. There is no doubt that these attitudes arise from the lowly position of Aboriginals in our society. When the Racial Discrimination Act 1975 came into operation in 1975 it was the first tim e an avenue was available to the oppressed. Aboriginal complainants had little expectation of justice and the respondents, confronted with Aboriginals seeking even modest apologies and under- takings not to discriminate again, found it difficult in some cases to take the proceedings seriously and in other cases demonstrated arrogance, anger and resentment. Until the present time, Aboriginals, in association with the Commissioner for Community Relations, have been pioneering the recognition of basic rights. This has to be kept in mind in recognising that the settlements sought by Aboriginals often seem inadequate for the grave offence which they have suffered and which in the courts of law relating to whites would attract punitive remedies and monetary damages in many instances. Six years ago it was a revolutionary act to get a white man of power and aff- luence to say 'I'm sorry' to an Aboriginal even when he knew he had broken the law by discriminating against him.

5 Today there is a more widespread awareness among Aboriginal people of their rights and an inclination not to accept less than full measure of justice. It should be added that the success of conciliation in an individual case does not necessarily reflect success in improving race relations in the town, district or suburb. It is merely the first step of a necessary education program designed to create tolerance and understanding.

COMPULSORY CONFERENCES

Compulsory conferences under the Racial Discrimination Act 1 975 have been convened throughout Western Australia. Compulsory conferences bring complainants and respondents together and afford each a measure of protection not available in informal conferences. They are an effective means for resolving complaints and bringing respondents, often for the first time, to the table with Aboriginal people. They are also a means of educating those with power that they are not above the law and that Aboriginal people have rights under the law for the first time in 200 years.

CERTIFICATES

If conciliation through compulsory conferences fails to settle a complaint, the aggrieved parties may take their complaints to court. This can only be done after the Commissioner for Community Relations has issued a certificate that the matter has not been settled. The Commissioner for Community Relations has not issued any certificates in Western Australia.

COMMUNITY EDUCATION

The process of complaint investigation and settlement is part of an overall community education program. The cases reported to the Commissioner for Community Relations arise out of general attitudinal discrimination present in the community at large. The integrated program of casework and community education involves all the opinion makers in the community both in organisations and as individuals. These community education programs have assumed a new priority with the rise of tension and outbreaks of violence associated with the denial of equal rights to Aboriginal people. In Western Australia it has not been possible to develop the educational aspect of complaint handling to the same extent as in the Eastern States, although some good work has been accomplished by Consultative Commit- tees on Community Relations. This is referred to elsewhere in this report.

6 WESTERN AUSTRALIAN GOVERNMENT

The Western Australian Government does not have legislation or administrative arrangements to combat racial discrimination and prejudice despite the serious infringement of rights and freedoms suffered by Aboriginal people throughout the State. The reason is indicated in correspondence printed in The West Australian of 14 September 1981 from the Hon W.R.B. Hassell, MLA, Chief Secretary, Min- ister for Police and Traffic and Community Welfare. The letter is seemingly an authoritative statement by the Western Australian Government on racial prejudice and racial discrimination in Western Australia. The article is reproduced below

ANTI-DISCRIMINATION

W . R B. HASSELL, nents of general anti-dis- Chief Secretary and crimination legislation do Minister for Community not propose to eliminate Welfare: J. Sassi (Let - ISSUE them. ters September 5) says he is shocked because I Because it represents Such legislation exac er - am opposed to general an interference in the bates resentment at what anti-discrimination legis- personal attitudes and is seen to be an increas - lation. reactions of individual h.? imbalance in favour people, it is seen as an o one group of people at My opposition to legisla- attempt to control how the expense of others. tion of that kind is based people think. It is bitter- I have seen no proposal on a number of grounds. ly resented when applied, from the supporters of It is not, of course, founded on any support anti-discrimination legisbefore for acts of racial discri- human relations Compulsory conferences lation to make -unlawful commissioners, w he r e suggestions for special mination or the expres - peoplerights for A b o r i - sion of racial prejudice. people are called to ac - gines, and the present In quoting the British count for their racialti at- special provision of legal, titudes, can only be Me- medical and educational experience, your corres- pared with activities in services for Aborigines. pondent makes the case the time of the Inquisi- Yet all of these are based for opposing general puttion on when trial for people their re -were alone. anti-discrimination laws. on race In general, it does not ligious beliefs. R a c i al discrimination work. Though the British It should also be recog. and racial prejudice exist Race Relations Board ex- nised that in the endea - in many forms in many isted as long ago as 1967, yours of Australian gov- that has not served to countries, including in prevent the violence of ernments to redress the some Asian and African racial conflict which has balance in favour of Abo- countries. so recently erupted in rigines, there a re mas - When the extent of ra - Britain. sive policies and pro- cial prejudice and discri- grammes of discrimina - mination in Australia is tion in favour of Abort - properly and fairly put gines. They are in them- in context with the rest selves a form of racial of the world, I believe it discrimination, but of will be seen that Austra - course, Mr Sass', Mr ha is by no means the Grassby and other propo- worst offender.

7 Furthermore, the Western Australian Government has adopted a position of non-cooperation with the Commissioner for Community Relations that has called into question the applicability of Commonwealth law to Western Australia. In a letter dated 23 May 1980, the Hon W.R.B. Hassel wrote to the Commissioner for Community Relations:

"the government of the State of Western Australia is not a matter over which you have, or ought to have, the slightest jurisdiction"

From time to time the Commissioner for Community Relations has published correspondence in his Annual Reports relating to the Western Austra- lian Government's attitude to his statutory functions under the Racial Dis- crimination Act 1975. Further examples are given here.

A direction issued to the Department for Community Welfare reads as follows: "RE: COMMISSIONER FOR COMMUNITY RELATIONS Further to circular to staff no. 29/80 the following direction has been received from the Hon Minister and is to be conformed with by all staff. No officers of the Department are to have any dealings what- soever with the Commissioner for Community Relations whether personally by telephone, or by correspondence, and I (the Hon Minister) am to be advised of all contacts or attempted contacts by the Commissioner or any of his staff. If the Commonwealth Commissioner seeks our co-operation in relation to any matter, he should do so by approaching me (the Hon Minister) by letter setting out specifically what it is he wants and why. Consideration of any such request will be a matter for the Government. In the event that any approach by the Commissioner or his staff is made to a departmental officer, then details of that approach are to be forwarded immediately to me for onward transmission to the Hon Min- ister.

K. Maine Director 27 May 1980" The Minister for Cultural Affairs responded to a complaint put to him by the Commissioner for Community Relations in the following terms: "Dear Mr Grassby, I refer to your letter of 16 September, 1980 and subsequent correspondence. I regret the delay in replying. That did not stem from any hesitation on my part about refuting the imputations which have been placed on the remarks quoted in your letter - if there were any need to do so I would absolutely refute what has been suggested by the Aboriginal Legal Service of Western Australia in its letter to which you have referred. The reason for my delay in making this reply is that I have been concerned to discover whether there is any way at all in which this matter could be regarded as within the scope of the Act under which you carry out your functions. Having carefully considered that subject and taken advice thereon I can see no room for any other conclusion than that the matter simply does not fall within the scope of the Act. Conse- quently, I do not see that there is any purpose to be served by making any further response.

Yours sincerely Bill Grayden MLA Minister for Cultural Affairs 28 July 1981"

The Minister for Housing responded to a complaint conveyed to the General Manager of the State Housing Commission by the Commissioner for Community Relations with the following telegram.

"Receipt of your telegram regarding the (name) families addressed to the General Manager of the State Housing Commission is acknowledged Stop I must remind you that as agent for the Common- wealth Government, any consultation with the State Government on housing matters should be through the government's representative in this area, namely the Minister for Housing Stop If appropriate I will then refer the matter on to my Departmental officers Stop..."

Following the release of a report on Fitzroy Crossing compiled by one of the Commissioner's officers, the Premier of Western Australia complained to the Prime Minister that it was inaccurate, biased, simplistic in its approach and racist.

9 In his Fifth Annual Report, in which the correspondence relevant to the Premier's criticisms is printed, the Commissioner for Community Relations stated:

"I believe the report to be objective. In my view it speaks for itself and clearly demonstrates how the Aboriginal communities are disadvantaged in a variety of ways not unrelated to acts and attitudes of racial discrimination. I recognise the heavy responsibility borne by my Office in securing co- operation from all authorities - Federal, State and local - and it is a matter of regret that of all those public agencies the only completely negative response has been from Western Australia in terms of Mr Hassell's letter.

The criticism of the work of my Office is all the more regretted in that it does not address itself to the central issue - the existence of racial discrimination and the need for efforts to overcome it. In the past five years we have been at pains to avoid entanglement in issues not directly related to racial discrimination, and this policy will be maintained. It is my sincere hope that in the coming year co-operation by all parties will ensure the protection of the law to all the people of Western Australia."

ELECTIONS

Aboriginals have suffered impediments in Western Australia to the right of universal and equal suffrage. Although this is guaranteed by the Constitution, legislation and the International Convention on the Elimination of All Forms of Racial Discrimination, in the last two State elections there have been deliberate attempts to deny Aboriginal people the opportunity to vote. In 1977 tests were put on Aboriginals to restrict their voting in the Kimberley District, an electoral division where half the voters are Aboriginal. Other irregularities including interference to Aboriginal voters by scrutineers and polling officials were also reported to a Court of Disputed Returns which ruled that the poll was void and ordered another election. Among the documents produced before the Court was a letter from the sit- ting member who was then Minister for Community Welfare, whose responsibilities included Aboriginals. He wrote, "It was a degrading experience to have to campaign among Aborigines to the extent I did, and it offended me to know that whilst I was concentrating my efforts on these simple people over the last couple of weeks, I was neglecting a more informed and intelligent section of the community". Subsequently the Western Australian Government proposed amendments

10 to the Electoral Act. A complaint received by the Commissioner for Community Relations about the Amendment Bill stated: "Restrictions on postal voting and on enrolment seem designed to deter Aborigines from voting: under the amendments it will be an offence to persuade a person to apply for a postal vote - a thinly veiled attempt to prevent Aborigines being informed of their voting rights. Whilst all white people have the obligation to vote, Aborigines (who are not legally obliged to register) are to be restricted in attempts to exercise the franchise. All enrolment cards will have to be signed before an electoral officer, Justice of the Peace, Clerk of Courts or policemen. Again this seems designed to deter Aborigines from voting. In many country areas the policeman is the only one of these figures likely to be known to Aborigines but, in view of the history of Police-Aboriginal relations in Western Australia, is hardly the person Aborigines would be willing to approach or trust. The Chief Electoral Officer will have the power to issue instructions and guidelines on polling day procedures. This is open to abuse and could be used to prevent the use of 'How to Vote' cards by illiterate people, as actually occurred in the Kimberley electorate..." The amendments were not passed by Parliament. On the eve of the State Election in 1980, two men took supplies of wine and beer to an Aboriginal community at Turkey Creek in the Kimberley District with the admitted intention of making the people too drunk to vote the following day. The attempt failed and police were called. One of the two men said later, "I wanted to get them drunk because they are the most illiterate race in the world. They don't have the brains to vote". After an investigation into the incident, the Western Australian Govern- ment announced there was no evidence of any breach of the Electoral Act or any other State legislation. The Commissioner for Community Relations received complaints and commenced an enquiry once the State Government had made clear its position. Officers travelled to the Kimberley District and convened a compulsory conference between representatives of the Aboriginal community and the two men. The matter was settled on the basis of oral and written apologies and payment of $1,000 by the respondents to the Aboriginal community. The enquiries into and resolution of the complaints arising from events at Turkey Creek have been documented in a report entitled "Report on Inquiries by the Office of the Commissioner for Community Relations into Complaints of Racial Discrimination in the Kimberley and Perth Districts of Western Australia". In electoral matters, the Western Australian Government has shown that it is not mindful of the needs of Aboriginals and has not acted to protect their rights.

11 LAND

Complaints have been made to the Commissioner for Community Rela- tions that the Western Australian Government has refused to transfer land to Aboriginal groups. One Aboriginal community living on Gordon Downs Station and an adjoining property sought to have an area of land excised from a pastoral lease in order to regroup as a people and to re-establish control over sacred sites. It was alleged that the Aboriginal community was reduced by almost half in a little over a year by the station management's deliberate policy of driving the people from their traditional lands to reserves in the nearest township. The station management allegedly denied the station community access to many basic necessities including social services, food, firewood, drinking water, accommodation and medicines. Additional information indicated that Aboriginals on the station lacked housing and sanitation. The proprietor was reported as saying that he did not believe that the treatment of Aboriginals on his properties was any different from anywhere else. In January 1980, the Minister for Lands advised the Kimberley Land Council that he would not agree to a lease for land sought because it was not of an economic size for pastoral activities. Subsequently, the station management evicted the remaining Aboriginals. After their departure it was reported that their tin houses were shot at and domestic dogs poisoned. Recently the Western Australian Government has granted the community a temporary one year lease on land nearby. In July 1981 a member of both the National Aboriginal Conference and the Aboriginal Development Commission was quoted as saying: "We've had $2.5 million earmarked to spend in Western Australia because Aborigines are so badly off here and not been able to spend it - Sir Charles Court won't let us buy land. If a white man wants to buy pastoral land and he's got the seller and the money, he can buy it the next day. At least 10 times we've had someone willing to sell us pastoral land, we've had the money but the Government blocks the sale, puts up a list of impossible conditions and the land goes to a white person."

The conditions referred to are set out below. Sections (a) to (j) are seemingly directed at Aboriginal communities.

STANDARD REQUIREMENTS FOR TRANSFER OF A RURAL LEASE

1. The proposed purchasers acknowledging in within that they are fully aware of the Land Act provisions in respect to pastoral leasing and

12 that they agree to abide fully by such provisions, including Section 109 which provides for the Government to acquire pastoral lands for a number of purposes. Consequently, the right is reserved to exercise this clause particularly in the event of more intense utilisation becoming practicable. 2. Receipt in writing of the proposed transferees assurance that the Australian equity will be maintained at not less than 50% during the tenancy of the lease. 3. The prospective transferees submitting a plan of development proposed over the ensuing five (5) years. A commitment must be given that the improvements specified will be carried out within the required period. 4. The provision of details of finance available to ensure the future operation of the lease. 5. The submission of proposals for the active management and supervision of the lease to ensure that it is worked in a proper and hus- bandlike manner and according to the most sound and approved methods of pastoral husbandry in relation to sheep and cattle so that the land is utilised to the best advantage as a pastoral property. 6. Provision of the conditions of sale including livestock numbers to be transferred with the lease and the actual purchase price involved. Prospective transferees must also provide the following information: (a) the numbers who will be actually employed in pastoral operations; (b) the numbers of non-workers expected to be accommodated on the property; (c) the conditions under which such people are to be housed; (d) the manner in which they are to be provided with services such as schools, medical care, roads and communications; (e) the impact such a proposal would have on the services already provided in other towns for that population; (f) the number who will need to be the recipients of welfare payments including the type of welfare; (g) specific plans for the development of residential areas which may be subject to amendment by the Minister for Lands; (h) specific plans for the provision of potable domestic water to meet the requirements of such a population; (i) the anticipated population growth of the people involved; (j) the estimated infrastructure costs to meet all of the above requirements.

A number of pastoral leases are held by Aboriginal Communities in Western Australia. One of these is Noonkanbah Station, near Fitzroy Crossing.

13 In 1 980 representatives of the Yungngora people of Noonkanbah and other Aboriginal leaders in Western Australia approached the Commissioner for Community Relations to consult with him over issues relating to drilling by Amax Iron Ore Corporation at Noonkanbah. In particular they enquired about Commonwealth responsibilities for Aboriginal affairs in Western Australia and the possibility of intervention by the Commonwealth. The position of the Aboriginal community as put to the Commissioner for Community Relations was as follows:  The Yungngora Aboriginal Community is motivated in its approach to the difficulties created by Amax Petroleum Division of Amax Iron Ore Corporation and the Western Australian Government by its religious beliefs.  The principal belief is that if the land is disturbed, something evil will happen, for example, the land will be polluted with disease, there will be a storm or some other catastrophe.  The evil that would impend does not involve intentional violence; therefore there is no threat from the Aboriginal community.  Too little consultation has occurred between Amax Petroleum Division of Amax Iron Ore Corporation and the Aboriginal community, and between the Western Australian Government and the Aboriginal community.  The community feels that it was intimidated by Amax Petroleum Division of Amax from Ore Corporation and by the Police in making decisions.  The religious beliefs of the people require extensive consultation over a considerable period of time.  The people need Ancouragernent and time to assimilate requests for change and to Put them into effect.  The absence of adequate consultation and concern for the Yungngora Community at Noonkanbah could constitute an infringement either in fact or in spirit of both the Racial Discrimination Act 1975 and the Inter- national Convention on the Elimination of All Forms of Racial Discrimina- tion.  Apart from this possible infringement of the letter and/or the spirit of Australian law, Elders and leaders believe the religious principles and spiritual law of the Yungngora people have been infringed.  The spiritual significance of these infringements extends like a network to all Aboriginal communities throughout the north of Western Australia and adjacent regions.  Proper recognition should be accorded to this situation by the Common- wealth and State Governments, by Amax Petroleum Division of Amax Iron Ore Corporation and the community at large.  The State Government and Amax Petroleum Division of Amax Iron Ore Corporation should not proceed with drilling and/or exploration at Noonkan bah until adequate consultation has occurred with the Yungngora Aboriginal Community and until the community has ade- quately considered proposals.

14  Such consultation cannot be rushed, in view of the religious and cultural implications of the matter, and of the economic operation of the pastoral industry on Noonkanbah Station.  The Commonwealth should reconsider its position. The Aboriginal community of Noonkanbah also complained that the Minis- ter for Cultural Affairs, acting under the Aboriginal Heritage Act 1972, directed the Trustees of the Western Australian Museum in a way that constituted an unlawful act of racial discrimination. The Museum has the responsibility to identify sacred sites for the purpose of the legislation. The Minister responded to enquiries by the Commissioner for Community Relations in the following terms: "Dear Mr Grassby I refer to your correspondence to both the Director of the Western Australian Museum and myself, regarding the complaint you have received from the Aboriginal Legal Service acting on behalf of the Yungngora Community at Noonkanbah. The action to allow Amax to drill an exploratory well at a pre-selected site on Noonkanbah Station was taken under section 11(2) of the Aboriginal Heritage Act 1972. This section gives the Minister power to give the Trustees of the Mineum directions of a general or specific nature. The direction in question did not involve - as the complaint alleges - "a distinction based on race and descent", but was prompted simply by a very proper consideration of the larger public interest. Having determined that the site selected for drilling, though within the so-called "area of influence", was not on, or close to, any of the particular sites identified by the anthropologists, and mindful of the precautions to be taken in the interests of the Aboriginal community, it was decided that there was no justification for preventing the company exercising the right already accorded it under the Petroleum Act. For your information this permission was granted subject to the following conditions, and I quote: '...subject to all reasonable precautions being taken to keep disturbance of the area and of the welfare and way of life of the Noonkanbah Aboriginal Community to a minimum; the area being kept in a clean and tidy condition and on completion of drilling, being cleaned up and restored to the satisfaction of the Minister for Mines as provided under the Petroleum Act 1967'. I think you will agree that in laying down conditions such as these the Government has placed a high priority on the welfare of the Yungngora Community. The Hon W Grayden Minister for Cultural Affairs 3 October 1980"

15 In an attempt to prevent drilling at Noonkanbah, a National Aboriginal Con- ference delegation travelled to Geneva to present the case of the Yungngora people to the United Nations Sub-commission on the Prevention of Dis- crimination and Protection of Minorities.

POLICE

Complaints have been received under the Racial Discrimination Act 1975 against the Western Australia Police from individuals and communities. In a number of cases, complaints reflected serious difficulties in Police/Aboriginal relations. In these instances there was hostility and tension because Aboriginals considered that their treatment by individual police officers or police in general was unfair or had infringed their rights. One Aboriginal community complained of the methods used by police to inquire into alleged malpractices under the Western Australian Electoral Act. In making their enquiries police had taken members of the community to a police station some 15 kilometres away. Some of the people interviewed were transported in a wire mesh cage on the back of a police truck. The Aboriginals confirmed they did not know why police required them to go from their camp to the police station and believed they should have been interviewed in their own homes or at another convenient location nearby. Members of the Community Council said there had been no approach to any councillor about the purpose of police enquiries, or why the assistance of Aboriginal people was required. Two of the Aboriginals taken to the police station were elderly. One of them was a woman who had had no dealings with police previously. She and another woman were afraid and distressed at being taken from their camp in the back of a police truck; particularly as they were taken away without any member of their family or community to support them. The complainants claimed that at the police station they were asked questions which they did not fully understand. Questions related to how they voted in the election. Officers of the Commissioner for Community Relations travelled to the Kimberley District to enquire into the complaint. With the agreement of the parties, a compulsory conference was convened. It was attended by representatives of the Aboriginal community council, aggrieved persons, the local member of the National Aboriginal Conference and senior police of the district including the Regional Superintendent. The police responded positively to the Aboriginals' account of their experiences and apologised for their actions. This enabled the complaints to be resolved to the satisfaction of both parties. It was agreed that in future police would deal with members of the community in consultation with the chairman and community council to ensure co-operation and understanding. In relation to another incident where persons set out to make Aboriginals too drunk to vote, the Aboriginal community complained of police tardiness in

16 making enquiries. By contrast they reported complaints against other persons who had allegedly assisted Aboriginals were pursued promptly. After enquiry the police found that there were no grounds for preferring charges in the first instance but laid a number of charges under the Electoral Act in the second. Eight months after the election, all the charges were withdrawn. In the same district, complaints were made by a number of Aboriginal people from an outback township about local police, particularly the sergeant. An investigation by an officer of the Commissioner for Community Relations revealed that police had apparently conducted a campaign against Aboriginal residents who were the larger proportion of the population. Aboriginal people reported that serious tensions existed between themselves and white residents in the township for a number of years. Police action had exacerbated this friction and caused deep divisions in the community. Two compulsory conferences were called involving police. The matter lapsed upon transfer at his own request of the sergeant in charge. A subsequent visit to the township by officers of the Commissioner for Community Relations confirmed that the situation had changed for the better. In another matter, the Aboriginal Legal Service of Western Australia complained on behalf of teachers and Aboriginal students from a country high school. While in Perth on a school excursion, a group of students walking along the footpath in the city at night, accompanied by two teachers, were approached by police. The teachers alleged that a vehicle pulled up near the children who fled when two men got out of the car and started running towards them. The vehicle then pursued the group along the footpath. The men turned out to be plain clothed police who it was complained, over reacted in apprehending and questioning the students following a report that Aboriginals had created a disturbance in a nearby street. The students had not been involved in the previous incident and were terrified by their encounter with police. The matter was resolved with police co-operation. In most cases, the Commissioner for Community Relations has received a positive response from police when enquiring into complaints against a member of the Force. However, in some cases, impediments to resolution of complaints have been created by the requirement of the Commissioner of Police that all matters involving police be referred directly to him. Following a request for local police to assist in their capacity as licensing inspectors in an enquiry into an alleged act of unlawful discrimination in two hotels in a large country town, the Commissioner of Police wrote to the Commissioner for Community Relations in December 1979:

"In matters of this kind, I appreciate that you need to act with some speed on receipt of a complaint, but would be grateful if all communication from your office requesting police action be directed to me, so that I may issue instructions to meet the circumstances".

17 The experience of the Commissioner for Community Relations throughout Australia is that complaints of racial discrimination involving police can best be dealt with at the Regional Superintendent level. Where this has happened in Western Australia, outcomes and resolutions of matters have been satisfactory to complainants and respondents alike as well as the community generally. Effective liaison has also been maintained between senior officers at police headquarters and the Perth Consultative Committee on Community Relations. This has enabled matters to be dealt with quickly and in the interests of Police/Aboriginal relations.

LAW

Complaints have been made that a magistrate discriminated against Aboriginals. In one instance a magistrate reportedly said to an Aboriginal appearing before him, "You are another Aboriginal person who drinks and commits offences". On another occasion it was alleged he said in reference to Aboriginals, "You can't believe what these people say". In another matter an Aboriginal woman complained to the Commissioner for Community Relations that provisions of the Aboriginal Affairs Planning Authority Act made it necessary for a number of government departments and authorities to become involved in the finalisation of her father's estate and that this caused continuing delay.

GOVERNMENT DEPARTMENTS Complaints have been received by the Commissioner for Community Rela- tions against government departments in Western Australia, both Common- wealth and State. One matter concerned the Commonwealth Department of Social Security. An Aboriginal registered for employment had his unemployment benefit stopped when he travelled to Canberra as a member of an Aboriginal delegation. It was reported also that the Department was investigating the circumstances of other members of the delegation. An enquiry into the complaint revealed that payment was stopped because a recipient cannot receive the benefit if unavailable for work. In another matter involving a Commonwealth department, a non-Aboriginal woman complained that her Aboriginal foster son was not eligible for the Aboriginal Secondary Grants Scheme because he would not be assessed as disadvantaged. The Department of Education subsequently advised that all Aboriginal students at secondary school were eligible and the complainant's application had been approved. In a matter involving a State Government Department, an Aboriginal community complained to the Commissioner for Community Relations about the

18 proposed transfer of a Department for Community Welfare district officer. It was claimed that the officer and his wife had done effective work which would be lost to the Aboriginal community if he were transferred. The officer also complained in the following terms: "I believe the directive to transfer to Kalgoorlie was due to a number of actions taken with and on behalf of Aboriginal communinities which offended specific European/Australian political and economic interests. The directive did not take into account the position and needs of the Aboriginal communities."

His stated aim in pursuing the matter with the Commissioner for Com- munity Relations was: "...to ensure as far as pcssible that the Acting Director and the Public Service Board will be called upon to take into consideration the needs of Aboriginal client groups and to reassure Departmental officers acting as Community Development Workers that they will not be penalised by the Department and the Public Service Board when the community groups with whom they are working offend the interests of the dominant society."

Subsequently, the Minister for Community Welfare intervened, writing to the Commissioner for Community Relations in the following terms: "In relation to the particular case upon which you have raised correspondence, I advise that the employment or non-employment of any person now or at any time in the future will be determined solely and exclusively within the established practices of the Government of the State of Western Australia. It will be quite fruitless for you to raise with me or any officer of my Department any question such as that which you raised in relation to (name)."

An excerpt from the reply of the Commissioner for Community Relations to the Minister's letter read as follows: "Racial discrimination, particularly against members of Aboriginal communities, has been the subject of widespread complaints from Western Australia. It is my clear duty under the Racial Discrimination Act 1975 to respond to them and to do all I can to relieve individuals and communities from oppression and discrimination and to obtain for them enjoyment of equality of opportunity in the exercise of fundamental freedoms and human rights. I seek your co-operation and that of authorities generally in Western Australia from time to time as this is required. Without it, the task will be that much more difficult and the consequences harmful to community relations in Western Australia."

19 In another matter, a promotional publication of the Department of Industrial Development referred to Aboriginals in racist and misleading terms. For example, prior ownership and occupation of the land by Aboriginals was not acknowledged. Excerpts included "in spite of the heat and dust and troublesome natives..." and "after World War II...a land where racial or religious discrimination was never more than a trivial irritation, an unreasoning and rapidly fading hangover from less enlightened eras". Investigation of the complaint revealed that the publication was no longer in print and had been replaced. The Department assured the complainant that it promoted the concept of a multi-racial society in Western Australia.

HOTELS

Aboriginals have complained of discrimination in gaining entry to and obtaining service in hotels throughout Western Australia. Examples of complaints received by the Commissioner for Community Relations serve as illustrations. — Three Aboriginal men entered the saloon bar of an hotel. When they sought service the licensee said that he could not serve them as the saloon bar was sacred ground to whites. -- An Aboriginal woman contacted a publican to obtain bookings for a band in which her sons played. The publican told her he was not interested because the musicians were Aboriginal. He said that he could not stand Aboriginals and that he had barred all Aboriginals except a small select group from his hotel. — The licensee of an hotel barred an entire Aboriginal community. He was reported as saying that 99% of Aboriginals were trouble makers. A petition with over two hundred signatures demanded a public apology from the licensee for his remarks. — A group of Aboriginals were refused service in an hotel. The publican said that he would only sell them bottles which they could take across the road and drink in the bush. — Under the supervision of a teacher, a party of school girls which included Aboriginals sought to use the toilets of an hotel during a stop on a bus trip. Hotel staff told the Aboriginal girls that they could not use the hotel's amenities but should go to the "Aboriginals' hotel" across the road. — A group of Aboriginals sought to enter a beer garden of an hotel. They had just finished a public corroboree performance for the town's centennial celebrations and were in Aboriginal ceremonial dress. The licensee abused them and ordered them from the premises. In one incident a publican of an outback town shaved the heads of two Aboriginal youths whom he discovered on his premises. He chained them for several hours and sent them manacled by the ankles to the police station. The publican was convicted with assault and placed on a good behaviour bond.

20 The incident was referred to in a report released by the United Nations Association of Australia as one of several incidents contributing to racial hostility in the Kimberley District. The Commissioner for Community Relations commenced an enquiry into the matter but withheld further action pending an appeal to the Supreme Court of Western Australia by the aggrieved persons. In imposing an order for $6,000 damages to be paid to the Aboriginals by the publican and another man, the Chief Justice said that the conduct of the men was outrageous, high-handed and malicious. In another instance four Aboriginals, two men and two women sought service in an hotel in a small country town. They were refused and asked to leave the "white bar" and to go into the "black bar". The publican said to them that Aboriginal people in the town knew the hotel's drinking rules which had applied for twenty years and that no one was going to change them. The Commissioner for Community Relations withheld enquiry into the complaint pending action by the aggrieved persons under the Liquor Act. When the case was heard in the Court of Petty Sessions, the magistrate decided in favour of the licensee that service was not denied absolutely and that it would have been available elsewhere in the hotel. The ruling caused concern to Aboriginal people in Western Australia as State law appeared to support the establishment of separate facilities in hotels on the basis of race or colour and to contravene the Racial Discrimination Act 1975. There was a call for the Government to amend the Liquor Act. Hansard records the response of the Chief Secretary as follows: Mr Hassell: "(1) and (2) Section 122 of the Liquor Act has been given careful consideration, especially since an incident which occurred at Mullewa. Discussions have been held with parties who have expressed an interest in and concern about such matters. There has to be a degree of recognition that, although one does not condone - and the State Government in no way does - acts of racial discrimination or the display of racial prejudice, in some country towns in this State, there is a mutual acceptance on the part of the citizens that groups of people drink in particular places within the local hotel establishment...In the towns where such mutual arrangements exist where, by the choice of the people, both black and white, separation in drinking places within one establishement occurs, no help is given to anybody or any cause as a result of outsiders who come in and create conflict by seeking to cause confrontation. At the same time, no help is given to anybody or any cause by an insensitive approach by the publicans concerned to those outside inter- ferences. A little common sense needs to be applied by both sides in these matters. We do not propose to introduce special legislation that relates, in general terms, to prevention of discrimination in the way it has been suggested in some quarters. It is our belief that sort of legislation does not achieve a

21 great deal in the community and, in many respects, it creates more resentment, discrimination and prejudice than it cures. A fine example of that can be seen when one looks at the operations of Mr Grassby and his friends who stir up a great deal of prejudice and hatred in the way they go about their business.

Mr B T Burke: You have forgotten Turkey Creek?"

Subsequently it was announced that the Liquor Act would be amended. To be refused service on the basis of race or colour is a humiliating and degrading experience. In many towns in Western Australia, the hotel is an important social meeting place and divisions created in the hotel reflect throughout the community. To assist publicans to understand the law and to help them devise conduct which is not discriminatory on the basis of race or colour, the Commissioner for Community Relations has prepared a guide which has been distributed through hotel associations throughout Australia.

MEDIA

Complaints against the media involved newspapers, magazines and radio. In some cases, Aboriginal people complained that unwarranted reference was made to the race of people who were the subject of news items or reports. In one matter an Aboriginal objected to the use of the term 'black' in a newspaper. In another case it was complained that a magazine article about Aboriginal/ non-Aboriginal relations in an outback township grossly distorted a tense and dangerous situation which required accurate and sensitive reporting. One complainant objected to the printing of a facsimile edition of a book first published in 1909. The publication referred to Aboriginals in discriminatory and derogatory terms. The complainant expressed concern that as the facsimile edition did not contain any commentary, it gave the impression that the views expressed were valid and endorsed by the publisher. Use of derogatory terms and the dissemination of ideas based on racial hatred and superiority are not unlawful under the Racial Discrimination Act 1975. When Australia ratified the International Convention on the Elimination of All Forms of Racial Discrimination, it reserved its position on Article 4 of the Convention which urges that States parties declare such activity as an offence punishable by law.

22 RECREATION Complaints received by the Commissioner for Community Relations show that Aboriginals experience discrimination in recreation. In recent months (October 1981), there have been a number of complaints under the Racial Discrimination Act 1975 against pinball parlours in Perth. In one case, three boys of whom two were Aboriginal, went to a pinball parlour. They were told to leave by the attendant. When challenged later by a sister of one of the boys, the attendant said, "I can't serve Aboriginals". Concerned at reports of discriminatory practices of particular pinball parlours, two Aboriginal community leaders and members of the executive of the Aboriginal Legal Service of Western Australia investigated the situation personally. One was refused change money, the second was refused entry into another establishment. Complaints have also been made against night-clubs. A teacher from a country town organised an excursion for Aboriginal students to Perth. Among the activities was a night out at a disco. Although the teacher had telephoned earlier, the party was refused entry. The complaint was investigated by the Perth Consultative Committee on Community Relations and settled on the basis of a written apology by the proprietor and assurances of future entry. In another case a night-club owner barred Aboriginals from his premises saying, "I don't want boongs in my Club". Again three Aboriginal women were refused entry into a night-club. The proprietor reportedly instructed his doorman not to admit Aboriginals because they would only cause trouble and drive away other patrons. A compulsory conference was convened by officers of the Commissioner for Community Relations in relation to this complaint. The matter was settled by an oral apology from the proprietor to the women and assurances of future admittance.

ACCOMMODATION

Aboriginals have complained to the Commissioner for Community Rela- tions of discrimination by the State Housing Commission and private land- lords. Complaints against the State Housing Commission have concerned policy and administrative procedures. In one matter it was complained that the Com- mission refused to allocate a house nominated by an Aboriginal woman because the neighbouring house was owner occupied. In another case, an Aboriginal father sought urgent accommodation from the State Housing Commission because his baby child was in poor health. He sought occupancy of one of a number of vacant flats. A Commission official reportedly said to a person making enquiries on his behalf, "We don't let Aboriginals have flats or apartments, that is our rule and until Mr (name) can

23 establish his standards are the same as another person who walks in off the street, then he can't have a house built with ordinary State/Commonwealth housing money either." Complaints have also been made that Shire Councils have attempted to prevent the State Housing Commission from providing housing to Aboriginals. In one instance it was reported that permission had been refused to the Com- mission to build a house for an Aboriginal family in the town. One councillor was quoted as saying that the town was already over populated with Aboriginals and that he was concerned that Aboriginals from anywhere in the State could apply for the house. Another councillor was reported as saying that the town had more than its share of Aboriginals and Aboriginal housing. In another town it was complained that the Town Council asked the State Housing Commission not to build a house for Aboriginals in a certain street because this would result in three such houses being in close proximity. The Aboriginal families in the street rejected the Council's view that an additional Aboriginal household would cause problems. A submission made to the Perth Consultative Committee on Community Relations alleged that State Housing Commission practices contributed to social problems of Aboriginals. Aboriginals were seemingly allocated less desirable houses and Aboriginal families were not housed next door to persons owning or buying their own homes. It was further alleged that Aboriginal families were referred to the Aboriginal Housing Board, despite its long waiting list, when State Housing Commission houses and flats were vacant. Two other submissions compiled by welfare agencies cited cases of hardship caused to Aboriginal families by State Housing Commission policies and practices. The submissions called for the Commission to adopt as a matter of urgency a more flexible and more suitable policy for Aboriginals. Aboriginals find it difficult to rent private accommodation. For example, a National Aboriginal Conference member complained on behalf of a man who was asked to vacate rented premises when the landlord learned that he was married to an Aboriginal. The NAG member commented that this type of discrimination had existed in the town for a long time. As is the situation elsewhere in Australia, Aboriginals in Western Australia suffer from a serious shortage of housing and overcrowding in existing housing. In effect, racial discrimination denies them the basic human right of adequate shelter. TRANSPORT and SERVICES Aboriginals have been denied access to and use of public transport and community services. An Aboriginal community leader complained that three Aboriginals from a camp on the outskirts of Perth were waiting at a bus stop. When the bus arrived it did not stop but continued on to the next stop where a non-Aboriginal person got on. Previous similar incidents were also reported.

24 At a city car park an attendant told an Aboriginal woman and her daughter that there were no vacancies. The woman disputed this as she could see that there was room. The attendant insisted and directed her away. Another car drove in behind the woman and was accommodated. In another incident three Aboriginals travelling interstate by bus on tribal business were told by the driver that they could not board because, although they had tickets, he had to pick up other passengers further on. The bus left with twenty empty seats. Investigation revealed that the tickets had been issued subject to confirmation. The company provided airline tickets to the men to enable them to reach their destination on time. In another case, an Aboriginal woman and her daughter took a ride in a taxi. As they were getting out, the driver accused the girl of having dirtied the seat. He used obscene language to the woman and referring to her daughter said, "Get the little black bastard out of the car". In a further incident, an Aboriginal woman visiting her hometown took her young son for a haircut. The hairdressing salon proprietor refused service saying that she did not cut the hair of local coloured people. The matter received media coverage and a complaint made to the Commissioner for Community Relations. A compulsory conference was held and the matter settled on the basis of an oral apology. In reference to this matter, the Commissioner for Community Relations and two of his officers were asked during discussions with a State Government Minister why they were harassing a "decent, mid- dleclass lady".

HEALTH

A nursing sister formerly employed by a religious order at a remote Aboriginal reserve community complained that health care programs and facilities were inadequate. A copy of the report compiled on the situation was provided the Commissioner for Community Relations because it was claimed that the consequent poor health of the Aboriginal community had discriminatory aspects.

EMPLOYMENT

Complaints of discrimination relating to employment highlights the difficulties which Aboriginals face in obtaining work. In one matter, the assistance of the Commissioner for Community Rela- tions was sought to encourage two mining companies in a country town to employ more Aboriginals. Although the industry was enjoying a boom, the two companies employed a total of two Aboriginals. Capable Aboriginals had applied for jobs but had been unsuccessful. In other instances an Aboriginal employee of a Shire Council was passed over for promotion. Subsequently he was sacked. It was claimed also that other Aboriginal employees had been dismissed and discriminated against.

25 In another matter, information was provided to the Commissioner for Com- munity Relations that a mining company had threatened to dismiss employees who had permanent relationships with Aboriginal women.

COMMUNITY Racial prejudice towards Aboriginal people exists at all levels of society in Western Australia as it does elsewhere in Australia. Various reports produced by the Commissioner for Community Relations document the situation in the State. These reports include the Commissioner's Annual Reports ; "Report on Field Investigation of Anti-Aboriginal Discrimination in Carnarvon, Perth and Pingelly"; "Report on Fitzroy Crossing, Western Australia"; "You Live and Breathe it from the Day You're Born, Report on Anti-Aboriginal Discrimination in Perth and Surrounding Areas" and "Report on Inquiries by the Office of the Commissioner for Community Relations into Complaints of Racial Discrimina- tion in the Kimberley and Perth Districts of Western Australia". Complaints of discrimination against Aboriginals in the community generally reflect racial prejudice and the existence of attitudinal discrimination. In October this year a prominent industrialist and leading citizen of Western Australia said during an interview oh Queensland television that "half-caste" Aboriginals should be sterilised and confined to a small area of North-west Australia. He said that most of the racial trouble and demands for Aboriginal land rights came from half-castes. His 'solution' was to make their social security cheques receivable only at Karratha. "When they had gravitated there I would dope the water up so that they were sterile and would breed themselves out in the future. That would solve the problem", he said. In another matter an Aboriginal prisoner complained that a poem in a Western Australian Prison Officers Union publication was racist and offensive. He stated that it was not unusual to see racial bigotry in staff/prisoner interaction most of which was attitudinal and expressed orally. The Aboriginal Legal Service of Western Australia complained about the same matter on behalf of other prisoners saying that it was an indictment of the penal system that such material was printed by those in daily contact with Aboriginal prisoners. In another matter, headlines in a local newspaper announced that "Van- dals threatened RAC Service". Senior officials of the Royal Automobile Club were reported as saying that Aboriginals continually converged on the RAC offices and upset staff. An Aboriginal community leader provided statements that non-Aboriginals caused most of the vandalism and destruction reported. In another matter, a complaint was referred to the Commissioner for Com- munity Relations relating to harassment of an Aboriginal family by a neighbour who used derogatory terms and whose hostility was causing distress.

26 It is frequently claimed by non-Aboriginals that it was they who are discriminated against, not the Aboriginals. They claim that the government schemes and benefits designed to help Aboriginal individuals and communities discriminate against non-Aboriginals who, it is claimed, should be entitled to the same assistance. It has also been argued that these benefits are the root cause of difficulties in community relations. This opinion is based on the false assumption that Aboriginal people are as free and have the same opportunity as other citizens to pursue and achieve their individual and group aims. Aboriginals do not in fact enjoy the rights that non-Aboriginals take for granted. In many instances the rights of Aboriginals are actively denied them. CONSULTATIVE COMMITTEES ON COMMUNITY RELATIONS

In the Annual Reports of the Commissioner for Community Relations atten- tion has been drawn to the limited resources available to fulfil statutory responsibilities. Despite repeated requests for more staff, none has been made available. A consequence of limited staff and resources has been that for the period of over six years the Racial Discrimination Act 1975 has been in force, all demands for community education and enquiry into and settlement of unlawful acts of racial discrimination have not been met. This has been especially so in Western Australia where distance from Canberra and the vast area of that State have meant inadequate service from the Office of the Commissioner for Community Relations. As elsewhere in Australia, Consultative Committees on Community Rela- tions have formed in Western Australia at the initiative of the Commissioner for Community Relations. The Committees are made up of people of goodwill and concern and have enabled much godd work to be done in the combat of racial discrimination and prejudice than could have been possible by the Commis- sioner for Community Relations and his staff alone. Consultative Committees in Western Australia have carried the burden of inadequate resources in combating racial discrimination. They have done this with other organisations which include the Aboriginal Legal Service of Western Australia, the Social Welfare Office of the Trades and Labour Council, the Tenants Advice Service, the Aboriginal Advancement Council of WA and the National Aboriginal Conference. The involvement of men and women in local communities throughout the State has been a conscious experiment in community participation in the pro- cesses of conciliation. It is a unique approach and there has been widespread interest in the innovation. Local people have come together in Consultative Committees on Com- munity Relations in the following places:- Perth, Geraldton, Carnarvon, Wagin, Meekatharra/Wiluna and Bunbury. In other centres contacts have been established during visits which would enable the formation of Consultative Committees on Community Relations in the event that complaints became more numerous. Although the Office of the Commissioner is instrumental in propagating and encouraging the development of Consultative Committes, they are autonomous. Membership, activities and approach are at their own discretion. Support is given by the Office as desired by the Committees themselves. Consultative Committees have sought to operate in the interests of the whole community. They have helped to lessen tensions, avert violence and develop communication. The Committees have pursued conciliation and education of the community at large. They endeavour to promote understanding, assist people discriminated against and educate those who practise discrimination. Consultative Committees on Community Relations and other organisations and individuals who assist do so without any formal legislative authority. The Commissioner for Community Relations cannot delegate his powers under the Act to them. They respond to requests for assistance by the Commissioner. Being informed groups, the Committees assist the Office in whatever way they can, reflecting the particular interests of their members and the problems of their own communities. Because of this each Committee is different and operates according to the particular needs of its own locality and its own perception of the discrimination that exists. The very existence of the committees serves notice on communities that racial discrimination is unacceptable. The Committees necessarily confront those committing unlawful acts and practising racial discrimination. By their work they help create a better atmosphere of tolerance and understanding. The Perth Consultative Committee on Community Relations deserves special mention. Chaired by the Right Reverend Michael Challen, an Assistant Bishop of the Anglican Diocese of Perth, the Perth Committee has received and dealt with many complaints of racial discrimination on its own initiative. In addition the Committee has conducted limited education programs and enquiries into complaints on behalf of the Commissioner for Community Relations. It has also established effective liaison with the Western Australian Police Department, the State Housing Commission and other Western Australian Government Departments. Speaking on the experiences of the Committee at the Sixth Annual Lalor Address on Community Relations on 3 December 1980, Bishop Challen said, "Our Committee was established in October 1977, and a committee of twelve was elected from two general meetings involving over thirty people. The Committee includes people of various ethnicities including Aboriginal, Indian, Burmese, Malaysian, as well as Anglo-Saxons. All of them are intensely involved with people and some are drawn from the helping professions such as law, education, community organisation and social work.

28 The Committee initially had great dreams of developing its work in three different areas: — Education of the community especially through schools, service clubs and religious organisations. —Monitoring the reporting by all three media, that is to say radio, television and newspapers. — Investigating complaints involving racial discrimination whether by individuals or institutions. However, to do this on an on-going basis was too big a task for our Committee. So we have directed our time and energy to investigating alleged incidents of discrimination. At no point has the Committee ever sought such complaints. It surprises me that people have been able to discover our existence since we have no office, no secretary, no telephone entry or any of the usual points of referral. In summary most incidents have been lodged by Aborigines and Viet- namese. They relate to access to housing, employment, including recognition of job qualifications, hotels and entertainment generally."

In addition, the Perth Consultative Committee has to a large extent borne the brunt of racist groups in Western Australia who reject the principles embodied in the Racial Discrimination Act 1975 that all people have equal rights regardless of race or colour. The work of all Consultative Committees in Western Australia has enabled complaints to be dealt with more promptly, lessened tensions which have arisen and helped to overcome the sense of injustice felt by Aboriginal communities. With a State Government which has attempted to portray the role of the Commissioner for Community Relations as one of a Commonwealth official whose function and responsibilities do not apply in Western Australia, the Consultative Committees have made a significant contribution in identifying racial discrimination and in working quietly and effectively to overcome it.

CONCLUSION

The Racial Discrimination Act 1975 has not been effectively implemented in Western Australia, firstly because of the few staff resources available to the Commissioner for Community Relations, secondly because of the distance and remoteness of localities in relation to Canberra and Perth, and thirdly the lack of co- operation in recent years from the State Government. As in other States the Racial Discrimination Act 1975 has enabled people to obtain redress for acts of racial discrimination against them. The Commissioner for Community Relations has demonstrated in Western Australia that the Act can be an effective means to overcome racial discrimination and that it can be applied to benefit the whole community as well as particular individuals.

29 The position of Aboriginal people in Western Australia is that of a group disadvantaged by race. And as this report demonstrates, the disadvantage and efforts to overcome it do not receive the recognition and support of Governments and in particular the Western Australian Government. Leadership in attaining equality of opportunity in the exercise of fundamental freedoms and human rights is deficient at the highest levels of Government and of the community. Extensive community education programs are an urgent need and constitute the only real means for developing the necessary community relations. The programs should commence simultaneously with Government and the community.

OTowns from which complaints received

411Towns visited by officers for purpose of enquiry into complaints Derby Turkel!' C r e e k (:proome Fitzroy dik Crossing. Noonkanbah° Halls. Station Creek .."'

OLaverton

°Kalgoorlie OMoora OKellerberrin

31 TOWNS FROM WHICH COMPLAINTS RECEIVED

Albany Kellerberrin Wag in Balgo Kununurra Wyndham Broome Laverton Perth - Coolbellup Carnarvon Medina Victoria Park Collie Moora Lockridge Cuballing Mt Magnet Mt Hawthorn Cue Mullewa Morley Cunderdin Narrogin East Victoria Park Derby Noonkanbah Station Forrestfield Finucane Island Northam Cloverdale Fitzroy Crossing Onslow Kelmscott Freemantle Pingelly Rivervale Geraldton Pinjarra Willagee Guildford Port Hedland lnnaloo Kalgoorlie Roebourne West Swan Kalumburu Turkey Creek Doubleview

32 TOWNS VISITED FOR PURPOSE OF ENQUIRY

Carnarvon Mullewa Fitzroy Crossing Perth Fremantle Pingelly Geraldton Turkey Creek Halls Creek Wyndham Kununurra

A SCHEDULE OF RACIAL DISCRIMINATION AGAINST ABORIGINALS IN WESTERN AUSTRALIA

This schedule contains details of all complaints of racial discrimination to the Commissioner for Community Relations in the period 31 October 1975 and 9 October 1981

It also shows the results of the Commissioner's enquiries and actions

35 Complaint as Stated Outcome/Basis of Settlement

ALBANY

HOTEL 77/5102

A group of Aboriginals entered an hotel Licensee advised that a sign in hotel to go into beer garden. They had just stated "Unless suitably dressed finished a corroboree performance for admission will be refused" and that as town's centennial celebrations and the persons were not suitably dressed, were in Aboriginal ceremonial dress. entry was refused. Police Department The licensee abused them and ordered advised that following an enquiry, no them off the premises. action would be taken under Liquor Act as licensee's actions were justified in the circumstances.

BALGO HEALTH 81/7534

Nursing sister formerly employed at Copy of a report on situation was for- Balgo complained that health care pro- warded to Commissioner for Corn- grams and facilities for Aboriginal mun ity Relations. Complainant subse- community were inadequate and that quently decided to take matter up consequent poor health of Aboriginals directly with the Provincial of the had discriminatory aspects. religious order responsible for the corn munity.

BROOME

COMMONWEALTH GOVERNMENT 80/7100

National Aboriginal Conference mem- Department of Aboriginal Affairs' re- ber complained that Department of port indicated that proposal had not Aboriginal Affairs had not supported been rejected but that requests for an Aboriginal group engaged in an arts information to enable assessment had and trucking business. He stated "the not been met. group would like to be allocated the responsibility and facilities to handle their own affairs...as discrimination will prevail until the situation is resolved".

36 Complaint as Stated Outcome/Basis of Settlement

CARNAR VON

POLICE 77/5300

Member of National Aboriginal Con- As incidents complained of took place sultative Committee complained of before Racial Discrimination Act 1975 several incidents of alleged police came into force, it was not possible for harassment, assault and wrongful Commissioner for Community Rela- imprisonment. tions to pursue matter.

CARNAR VON

COMMUNITY 80/9355

Aboriginal Resource Group comp- Consumer Affairs Bureau successfully lained that a Perth based discount fur- prosecuted furniture company. Com- niture company took advantage of missioner for Community Relations Aboriginal families and encouraged has withheld further action in matter them to enter hire purchase agree- pending advice from Commissioner for ments with high interest rates. It was Consurmer Affairs concerning out- also complained that company come of further investigations charged higher prices than those foreshadowed in Bureau's Eighth quoted and that finance documents Annual Report. were incomplete at the time of signing.

COLLIE

EMPLOYMENT 81/7521

Commissioner for Community Rela- Assistance of Department of Employ- tions was asked to encourage two min- ment and Youth Affairs was sought. ing companies in the town to employ more Aboriginal workers. Although the town was enjoying a boom, the two companies employed only two Aboriginals between them. Capable Aboriginals who had applied for jobs were unsuccessful.

37 Complaint as Stated Outcome/Basis of Settlement

COLLIE HOTEL 79/9238

A group of Aboriginals were refused Assistance of local sergeant of police service in an hotel. The licensee said sought. Commissioner of Police that he would only sell them bottles advised that police officers were called which they could drink in the bush to hotel on night of incident comp- opposite. lained of and that publican was within his rights to withhold service. Publican stated that service was only ever refused when there was possibility of a disturbance or trouble. Hotel subsequently changed hands and new licensee was reported to be well dis- posed towards Aboriginals.

COLLIE

LOCAL GOVERNMENT 78/5792

Aboriginal Legal Service of Western Town Clerk discounted newspaper Australia complained that Aboriginal article as inaccurate. Perth Consulta- people were subjected to discrimina- tive Committee on Community Rela- tion by Shire Council. A newspaper tions met with Council, discussed article, accompanying complaint re- issues arising from complaint and ported that Council had not granted press statement and resolved matter. permission to State Housing Commis- sion to build a house for an Aboriginal family. One councillor reportedly said that the town was already overpopu- lated with Aboriginals and that he was concerned that Aboriginals from anywhere in the State could apply for the house, while another councillor was reported as saying that the town had more than its share of Aboriginals and Aboriginal housing. Complaint as Stated Outcome/Basis of Settlement

COLLIE

HOTEL 76/5631

An Aboriginal woman contacted a pub- The publican stated that band was lican to obtain bookings for a band in below standard. Complainant disputed which her sons played. The publican this and affirmed her opinion that pub- said that he did not want the band lican's actions were because the band because its members were Aboriginal. members were Aboriginal. Matter He said that he could not stand referred to Consultative Committee on Aboriginals and that he had barred all Community Relations which arranged Aboriginals except four from his pre- meetings with complainant and res- mises. pondent and reported that an understanding was reached.

CU BALLING

COMMUNITY 80/9405

Complainant claimed that the benefits Commissioner for Community Rela- such as secondary school student tions advised complainant that his allowances and legal aid caused social experience was that Aboriginals divisions because non-Aboriginals suffered racial discrimination, that were not eligible. It was further comp- special measures were introduced by lained that Aboriginals generally were governments in an endeavour to estab- violent and that this related to lish equality and that violent behaviour excessive use of alcohol. could often be traced to the fact that Aboriginals were oppressed.

CUE

HOTEL 76/5676 A Papua-New Guinean was refused Following court action under the accommodation in an hotel for himself Liquor Act, licensee was convicted and and his Aboriginal wife. He was told fined $50 in Court of Petty Sessions "I'm sorry we can't admit you as we are not allowed to admit certain people because of previous experiences".

39 Complaint as Stated Outcome/Basis of Settlement

CUNDERDIN Contact was made with aggrieved persons but matter was unable to be pur- HOTEL 80/7069 sued further because details about incident could not be obtained. National Aboriginal Conference member complained on behalf of two Aboriginals who were refused service in an hotel.

DERBY

LAW 81/7635

Aboriginal woman complained that Commissioner for Community Rela- provisions of Aboriginal Affairs Plan- tions is enquiring into matter. ning Authority Act made it necessary for a number of government departments and authorities to be involved in the finalisation of her father's estate and that this caused continuing delay.

FINUCANE ISLAND

EMPLOYMENT 78/5094

A mining com pany allegedly Mining Company advised that direc- threatened to dismiss employees who tions had been issued to all employees had permanent relationships with that unauthorised persons were not Aboriginal women. permitted to stay in company quarters or frequent the wet canteen. Complai- nants were advised to pursue their complaints with Perth Consultative Committee on Community Relations.

FITZROY CROSSING MEDIA 79/9175

Two complainants wrote to Commis- He accepted a suggestion to reassess sioner for Community Relations that an the situation incorporating Aboriginal article in a magazine about Aboriginal/ viewpoints at a future date. white relations in an outback township grossly distorted a tense situation which required accurate reporting. Journalist had already publically acknowledged criticism of his article.

40 Complaint as Stated Outcome/Basis of Settlement

FITZROY CROSSING Chairman of Public Service Board and Director of Community Welfare res- STATE GOVERNMENT DEPARTMENT ponded that needs of Department 79/9174 required officer's transfer and that this was standard practice in the interests Aboriginal community complained of public service efficiency. It was also about proposed transfer of a district of- stated that officer (who had then ficer by Department for Community resigned) would have been engaged in Welfare. It was claimed that officer and similar work with the Aboriginal com- his wife had done effective work which munity at his new location. Minister for would be lost to the Aboriginal com- Community Welfare intervened: "...the munity if he were transferred. Officer government of the State of Western himself complained, seeking an Australia is not a matter over which you assurance from his Department that have or ought to have, the slightest ju- community development worker3 risdiction". Commissioner for Com- would not be penalised when the group munity Relations responded seeking with which they were working, co-operation in fulfilling his respon- offended the interests of the dominant sibilities under the Racial Discrimina- community. tion Act 1975 which binds all States and Territories.

Matter received widespread publicity. FITZROY CROSSING Two compulsory conferences were held by Community Relations Officer. POLICE 79/9099 Actions of Commissioner for Com- munity Relations were questioned and Commissioner for Community Rela- criticised by Western Australian Police tions commenced an enquiry after Union and the matter raised in Parlia- attempts by Aboriginal Legal Service ment. Sergeant was transferred at his of Western Australia and Aboriginal own request. community in an outback township to have sergeant of police transferred because of alleged discriminatory attitude and actions towards Aboriginals.

FREMANTLE

NIGHT-CLUB 81/7392

Solicitor complained on behalf of a Complainant gave only scant informa- group of Aboriginals refused entry to a tion. Further details are awaited. night-club.

41 Complaint as Stated Outcome/Basis of Settlement

FREMANTLE ACCOMMODATION 80/9463

City Council social worker complained State Housing Commission advised that Aboriginal women were made to that applicant had sought a flat in wait in refuges longer than white apartments which were highly sought women. One Aboriginal woman applied after and that offers of flats elsewhere to State Housing Commission for flat had been declined. The woman was accommodation. After some months, subsequently allocated a flat in apart- the application was passed on to ments of her choice. Delay was caused Aboriginal Housing Board, which by need of Commission to liaise with advised that her name was on a waiting list. Complainant gave details of a Aboriginal Housing Board. white woman who was offered the choice of two flats within two weeks of application.

FRE MANTLE

NIGHT-CLUB 80/9435

Three Aboriginal women were refused Compulsory conference held. Proprie- entry into a night-club. Proprietor was tor of night-club and two complainants reported as saying that he instructed attended. Night-club owner said that his doorman to refuse entry to all refusal of entry had not been intended Aborigines because if he allowed them against the complainants but a person into his club they would only cause accompanying them barred for anti- trouble and drive away other patrons. social behaviour on previous occasions.

FREMANTLE

ACCOMMODATION 80/9376

City Council social worker complained State Housing Commission advised that an Aboriginal woman faced evic- that tenant would be better in alterna- tion from her flat by State Housing tive accommodation which was Commission. Difficulties in adhering to offered. tenancy agreement had arisen because of homeless people living with her.

42 Complaint as Stated Outcome/Basis of Settlement

FREMANTLE COMMUNITY 80/9289

Five Aboriginals were imprisoned Complainant was advised that an because of an incident in a Fremantle appeal should be made. Contact was flat owned by a football club. The flat established with Aboriginal Legal Ser- was occupied by two Aboriginals who vice of Western Australia on matter played for club. Complainant felt that and a meeting arranged for complai- football club had made sure the matter nant to see a solicitor. was brought to court because of damage to the premises.

FREMANTLE

MEDIA 80/7139

Complaint was made about a cartoon Commissioner for Community Rela- relating to Australian Rules Football. tions advised that he did not see that the cartoon was in any way offensive on the grounds of race, colour, ethnic or national origin.

FRE MANTLE

COMMUNITY 80/7124 Although the dissemination of ideas Aboriginal prisoner complained that a based on racial hatred and superiority poem in a Western Australian Prison is not unlawful under the Racial Dis- Officers' Union of Workers Publication crimination Act 1975, the Commis- was racist and offensive. He stated sioner for Community Relations refer- that it was not unusual to see racial red matter to Prison Officers' Union in bigotry in staff/prisoner interaction. the interests of community relations. Aboriginal Legal Service of Western Union replied that Executive had no Australia complained about same mat- control over what the editorial commit- ter on behalf of other prisoners saying tee chose to publish. However it that it was an indictment of the penal decided to review production of system that such material was printed newsletter to ensure adequate censor- by those in daily contact with ship. Aboriginal prisoners

43 Complaint as Stated Outcome/Basis of Settlement

GERALDTON HEALTH/STATE GOVERNMENT DEPARTMENT 81/7367

Aboriginal Medical Service Co-opera- Commissioner of Public Health and tive Limited (Redfern) complained that Medical Services advised that doctor a medical practitioner trained in Ghana did not meet statutory requirements for and Ireland and registered in New registration. Doctor was advised to South Wales and Queensland, wishing reapply after recent amendments to to work for Aboriginal Medical Service the Medical Act were proclaimed. in Geraldton was refused registration in Western Australia.

GERALDTON

LOCAL GOVERNMENT 81/5223

An Aboriginal organisation complained An enquiry into the matter is continu- that Town Council refused a permit to ing. build pensioner units on land vested in Aboriginal Land Trust. It was further complained that Town Council refused to discuss matter with local Aboriginal organisation because it did not own the land.

GERALDTON

LAW 79/9214

A magistrate was reported as saying to Aboriginal Legal Service of Western an Aboriginal appearing before him Australia raised matter with Attorney- "You are another Aboriginal person who General who indicated that he could drinks and commits offences". On not seek to exercise any control over another occasion he reportedly said in the judicial function of magistrates. reference to Aboriginal people, "You Commissioner for Community Rela- can't believe what these people say". tions referred matter in interests of community relations to the magistrate who has not replied.

44 Complaint as Stated Outcome/Basis of Settlement

GERALDTON Landlord advised that many families occupied the house during weekends ACCOMMODATION 78/5178 and that he was concerned with the National Aboriginal Conference mem- damage caused. Real estate agent ber complained that a non-Aboriginal found alternative accommodation for man was asked by a real estate agency aggrieved person and advised that the to vacate his rented premises because tenant was satisfied. the landlord had learned that tenant was married to an Aboriginal. National Aboriginal Conference member commented that this type of discrimination had existed in the town for a long time.

Matter referred to local Consultative GERALDTON Committee on Community Relations, which arranged meeting with licensee. HOTEL 78/5066 Licensee claimed that he was mis- Licensee of an hotel barred an entire quoted in media and had in fact said Aboriginal community saying that 99% that 99% of Aboriginals involved in a of Aboriginals were trouble-makers. A disturbance in the hotel were trouble- petition with over two hundred sig- makers. Licensee gave an assurance natures demanded, a public apology that he had no policy of refusing ser- from licensee for his remarks. At a vice on basis of race. Consultative public meeting, members of Aboriginal Committee accepted licensee's community asked Commissioner for explanation and assurances. Community Relations to ensure service for Aboriginals on the same basis as others and to obtain an apology from publican.

GUILDFORD POLICE 80/7058

Three plain-clothes policemen and a matter dealt with. Contact was made by policewoman entered the Lockridge Office with Aboriginal Legal Service of Aboriginal camp. An Aboriginal com- Western Australia to obtain help for munity leader was grabbed roughly complainant. and provoked. Complainant sought assistance to make a complaint to police and to have

45 Complaint as Stated Outcome/Basis of Settlement

KALGOORLIE

STATE GOVERNMENT DEPARTMENT 79/9232

Department for Community Welfare Perth Consultative Committee on Com- returned an Aboriginal child fostered munity Relations established contact for three and a half years to its mother with complainant. who then brought the child back to foster mother. Department officers subsequently told foster mother that she was not to see child any more and that it was to be placed with Aboriginal foster parents.

KALGOORLIE

COMMUNITY 81/7560

Headlines in local newspaper The Commissioner for Community announced that "Vandals threatened Relations has taken up matter with RAC Service". Senior officials of Royal RAC and Town Council. Their Automobile Club reportedly said that responses are awaited. Aboriginals continually converged on RAC offices and upset staff. An Aboriginal community leader provided statements that non-Aboriginals caused most of the vandalism and destruction reported.

KALGOORLIE

COMMUNITY 78/5216

Newspaper reports described assaults Western Australian Police Department on Aboriginals by a group of whites. advised that at a meeting of the Eastern Goldfields Progress Associ- ation there were remarks by unknown persons about a "kill-a-Coon" squad, but that investigation revealed there had been no instances of a white group attacking Aboriginals nor the existence of such a group.

46 Complaint as Stated Outcome/Basis of Settlement

KALGOORLIE COMMUNITY 78/5019

Opposition arose to a proposal by Information provided indicated that no Aboriginal Hostels Limited to purchase unlawful act of racial discrimination a motel for Aboriginals from outlying had been committed. Aboriginal districts receiving medical treatment in Hostels Limited advised that it hoped town. A petition signed by ninety-six to finalise the purchase in the near residents was presented to Federal future. MP.

KALGOORLIE

ACCOMMODATION 77/5415 Real estate agent replied that one of Real estate agent forwarded another her staff had typed statement and that real estate agent's rent statement it referred not to Aboriginals or col- which read, "Apparently Mr... didn't have oured people but to the untidy state the a buyer after all and he has rented 47 to grounds were left in. Agent also the niggers". advised that she managed a number of rented premises occupied by Aboriginals and Torres Strait Islan- ders. Response was conveyed to complainant who has not responded.

KALUMBURU

CHURCH MISSION 80/7001

Council for Aboriginal Development Information available was not suffi- member complained to Community cient to enable the Commissioner for Relations officers on a field trip that Community Relations to proceed under racial discrimination was practised by the Racial Discrimination Act 1975. church authorities administering an Aboriginal mission.

47 Complaint as Stated Outcome/Basis of Settlement

KELLERBERRIN ACCOMMODATION 80/9502

A complaint was made that State State Housing Commission advised Housing Commission refused to allo- that all applicants for housing were cate to an Aboriginal woman the house required to meet standard criteria of of her choice because the home next eligibility and that aggrieved person door was owner occupied. would be offered another house com- mensurate with the Commission's assessment of her needs.

KIMBERLEY DISTRICT

LAND 81/7694

A member of the National Aboriginal Section 21 (1)(b) enquiry continuing. Conference and Aboriginal Develop- ment Commission was reported as saying that the Western Australian Government refused to transfer land to Aboriginal groups on at least ten occasions.

KIMBERLEY DISTRICT

ELECTIONS 77/5242 During West Australian State elections Assistance of Federal and State elec- in 1977 there were attempts to put toral authorities was sought. Chief tests on Aboriginal people to restrict Electoral Officer for Western Australia their voting. Other irregularities and confirmed that a petition citing alleged interference by scrutineers and polling breaches of Electoral Act had been officials were also reported. lodged in the Court of Disputed Returns. Court subsequently ruled that the election in Legislative Assembly seat of Kimberley was void and another election was held.

48 Complaint as Stated Outcome/Basis of Settlement

KUNUNURRA CAFE 81/5099

Former employee of cafe complained that Inquiry continuing. Aboriginals were only served takeaway meals.

KUNUNURRA

TRANSPORT 80/7182

Three Aboriginals going to Katherine on Bus company advised that tickets tribal business were told by bus driver were issued on understanding that they that they could not board even though had to be confirmed. As a party of they had tickets because he had other Aboriginal children was booked for passengers to pick up further on. The travel from Timber Creek to Darwin the bus bus left with 20 empty seats. left Kununurra with empty seats. Company provided airline tickets to the three men to enable them to reach Katherine on time.

KUNUNURRA HOTEL 79/9167

A publican who found two Aboriginal youths on his premises shaved their Commissioner for Community Relations heads with barber's clippers, chained discontinued his enquiry into matter them for several hours and then sent pending legal proceedings by aggrieved them manacled by the ankles to the persons. Publican and another man police station. Publican was charged with were ordered to pay damages of $6,000 assault, convicted and placed on a bond. by Supreme Court of Western Australia. Matter was mentioned in a report released by United Nations Association of Australia as one of several incidents contributing to racial hostility in Kimberley District. Complaint as Stated Outcome/Basis of Settlement

LAVERTON

POLICE 76/5412 Aboriginal Advancement Council of Commissioner for Community Rela- WA expressed concern to Commis- tions advised that he did not wish to sioner for Community Relations over intervene in matters before the Court, two matters. One related to a charge and that incidents enquired into by preferred against an Aboriginal youth Royal Commission occurred before the made a paraplegic by shooting inci- Racial Discrimination Act 1975 came dent while the white man who shot him into force. was discharged by the Court as a first offender. Second matter related to police action against Aboriginals at Skull Creek. Royal Commission found that Aborigines had been wrongfully arrested and two men handcuffed and placed in boot of a car in above century heat.

MEDINA ACCOMMODATION 78/5197

An Aboriginal sought urgent accom- Perth Consultative Committee on Com- modation from State Housing Commis- munity Relations met State Housing sion in one of a number of empty flats Commission General Manager and because of the poor health of a baby later advised that aggrieved person child. A Housing Commission official had been offered housing. told a person enquiring on his behalf "We don't let Aboriginals have flats or apartments, that is our rule and until Mr.. can establish his standards are the same as another person who walks in off the street, then he can't have a house built with ordinary State/Commonwealth housing money either".

50 Complaint as Stated Outcome/Basis of Settlement

MT MAGNET HOTEL 80/9388

Complaint was made to Perth Con- Aggrieved person initiated legal action sultative Committee on Community under the Liquor Act on the ground that Relations that an Aboriginal was licensee refused to receive him on the refused service in an hotel. premises. Licensee was found guilty in Court of Petty Sessions and ordered to pay costs.

MT MAGNET

HOTEL 79/9249

A party of school girls under supervison Licensee apologised for the incident and of a teacher sought to use toilets of an advised that there were only limited hotel during a stop on a bus trip. Hotel staff facilities in the hotel. Apology was told Aboriginal girls in the group not to accepted by complainant who asked use hotel facilities but to go across the that matter be closed. road to the "Aboriginals' Hotel". It was also complained that the girls were abused by hotel staff.

MOORA

ACCOMMODATION 80/9467

Social Security Union forwarded a Community Relations officers met with submission alleging that State Housing senior State Housing Commission officials Commission practised discrimination to discuss specific and general issues b e c a u se it prevented eligible raised by submission of groups. Aboriginal families from occupying vacant Commission flats.

51 Complaint as Stated Outcome/Basis of Settlement

MULLEWA ACCOMMODATION 80/9454

State Housing Commission house State Housing Commission advised became vacant in a township with 35 that Commission managed houses Aboriginal families on the waiting list. funded under Housing Assistance Act When white neighbours realised that and Aboriginal Housing Grants. Each an Aboriginal might move in next door, fund is separate and has different they made representations to Shire eligibility criteria. The rental scheme Council and Minister for Housing. funded under the Housing Assistance There were no non-Aboriginals on Act 1978 is available to all applicants waiting list. National Aboriginal Con- provided means test, credit worthi- ference member complained that Shire ness, standards of hygiene, social Council asked State Housing Commis- acceptance and care of property are sion to keep the house vacant until a met. The rental scheme funded by white tenant could be found. The three Aboriginal Housing Grants is available bedroom house was eventually allo- only to Aboriginals and makes cated to a non-Aboriginal. allowances for applicants who do not meet normal standards. Commission further advised that it acted against advice of the Mullewa Housing Advisory Committee, with representatives from the Shire Council, Department for Community Welfare, State Housing Commission, Aboriginal Housing Board and Aboriginal people, and allocated the house in question to an Aboriginal family.

MULLEWA

ACCOMMODATION 80/9549

Aboriginal Association complained State Housing Commission advised that while there was a shortage of that because of a rural recession a housing for Aboriginal families, there number of rented houses had become were three single white persons available in the town. Initially attempts occupying three State Housing Com- were made to occupy vacant homes mission homes in the town. It was also with eligible families. If none was complained that Aboriginals had to forthcoming then the houses were wait longer for housing than whites. made available to Aboriginal families Housing for Aboriginals was being built who did not meet the Commission's in parts of the town where many criteria. The Commission further Aboriginals already lived. This was advised that in a small town where opposed by Aboriginal community Aboriginal people were predominant, it which wanted housing to be provided was hard to avoid grouping Aboriginal in all parts of the town. It was also com- families together. plained that Aboriginal tenants had to wait a long time for repairs to be done.

52 Complaint as Stated Outcome/Basis of Settlement

MULLEWA

HOTEL 80/7138

Four Aboriginals refused service in an The aggrieved persons initiated legal hotel were told to leave the "white bar" action under the Liquor Act on the and go into the "black bar". The pub- grounds that the licensee had refused to receive them on his premises. The lican said that no-one was going to magistrate ruled in favour of licensee change the rules applying to that service was not denied absolutely Aboriginals in his hotel. and that it would have been given in another part of the hotel. Matter caused concern to Aboriginal community of Western Australia because it appeared that separate facilities could be provided in hotels on basis of race. Subsequently, Liquor Act was amended to ensure equality of service.

Following publicity relating to appeal Commissioner for Community Rela- against publican's practice of main- tions referred matter to Telecom taining a black bar, local member of Australia, Minister for Police and National Aboriginal Conference was Traffic, and Australian Federal Police. subjected to harassment by anonymous telephone callers.

NARROGIN

ACCOMMODATION 80/7056 Two Aboriginal women complained Town Council advised that suggestion about a newspaper report that the was made to effect Housing Commis- Town Council had advised State Hous- sion policy of locating Aboriginal housing Commission not to build a house in ing throughout the community. a street because two Aboriginal Investigation by Housing Commission families already lived there. showed that no other suitable land was available and Council granted permit for original site.

53 Complaint as Stated Outcome/Basis of Settlement

NOONKANBAH STATION STATE GOVERNMENT 80/9418 Matter received national and interna- Yungngora Community of Noonkanbah tional media coverage. Commissioner Station complained that Minister for for Community Relations referred com- Cultural Affairs direction to the trustee plaint to Minister for Cultural Affairs of the Western Australian Museum to and director of museum. Minister rep- allow drilling on sacred sites was an lied that action to allow a drilling at unlawful act of racial discrimination. Noonkanbah Station was taken under the Aboriginal Heritage Act 1972 which gave the Minister power to give general or specific directions to the museum trustees and that the direction he gave did not involve a distinction based on race or descent. The Minister further advised that permission for drilling was granted subject to the following conditions: "...subject to all reasonable precautions being taken to keep disturbance of the area and of the welfare and way of life of the Noonkanbah Aboriginal Community to a minimum; the area being kept in a clear and tidy condition and on completion of drilling, being cleaned up and restored to the satisfaction of the Minister for Mines as provided under the Petroleum Act 1967". (National Aboriginal Conference took matter of drilling on sacred sites at Noonkanbah to United Nations Sub-commission on Prevention of Discrimination and Pro- tection of Minorities.)

54 Complaint as Stated Outcome/Basis of Settlement

NORTHAM

ACCOMMODATION 80/9340 State Housing Commission advised A chronically ill Aboriginal confined to that there was no record of any a wheel chair and living in inadequate housing on a reserve made numerous application being received. Response applications to State Housing Commis- was conveyed to complainant who sion for accommodation without any took objection to use of certain terms result. such as "drifter". Complainant claimed to have assisted aggrieved person to complete application forms on several occasions. This was referred back to Housing Commission which advised that special needs of the person ruled out standard housing and that provision had been made regarding shower and toilet facilities at the reserve.

ONSLOW

HOTEL 80/7185

An Aboriginal woman was refused ser- Hotel licence changed hands. vice in an hotel for herself and two Attempts to contact former licensee other Aboriginal women. The licensee have been unsuccessful. Enquiry con- threatened to call the police if they did tinuing. not leave.

ONSLOW

HOTEL 80/7095 Three Aboriginal men entered saloon Hotel licence changed hands. bar of an hotel. When they sought ser- Attempts to contact former licensee vice licensee said that he would not have been unsuccessful. Enquiry con- serve them as the saloon bar was tinuing. sacred ground to whites.

55 Complaint as Stated Outcome/Basis of Settlement

ONSLOW

HOTEL 80/7017

A group of Aboriginals and a school Hotel licence changed hands. principal were refused further service Attempts to contact former licensee after one round of drinks. The licensee have been unsuccessful. Enquiry con- said that they were in the wrong bar tinuing. and said "Black man's territory is up front, white man's territory is here and you are in white man's territory".

PERTH (INNAL00)

HOTEL 81/7583

Hotel sign, which portrayed an Dissemination of ideas based on racial Aboriginal on whose distended superiority or hatred is not unlawful stomach the week's beer specials under Racial Discrimination Act 1975. were written, caused offence. Complaint was referred to the licensee in the interests of community relations. His reply is awaited.

PERTH (RIVERVALE)

ACCOMMODATION 81/7449

Federal Opposition Spokesperson on State Housing Commission advised Aboriginal Affairs complained that that tenant had consistently breached State Housing Commission proposed terms of tenancy agreement. to evict an Aboriginal woman with four school age children of whom the youngest was handicapped.

PERTH (EAST VICTORIA PARK)

COMMUNITY 81/7299

Aboriginal child, rejected by her foster Complainant was advised that rela- mother's second husband was tionships within families do not come returned to the care of Department for within the scope of Racial Discrimina- Community Welfare after twelve years. tion Act1975. Perth Consultative Com- mittee on Community Relations assisted by establishing contact with complainant and by offering support and advice.

56 Complaint as Stated Outcome/Basis of Settlement

PERTH

RECREATION 81/5182 Aboriginal Legal Service of Western Inquiry continuing. Australia complained that pinball parlours refused service to Aboriginals. Two Aboriginal community leader3 who went to verify reports of discrimination were refused entry at cne and service at another.

PERTH (DOUBLEVIEW)

ACCOMMODATION 81/5160

Tenants Advice Service complained on Matter conveyed to State Housing behalf of two Aboriginal families facing Commission. Minister for Housing res- eviction by State Housing Commission. ponded by telegram requesting Com- A postponement of eviction was missioner for Community Relations to sought because of illness of children refer all complaints regarding State and because rental arrears were Housing Commission to him in first ins- almost paid. tance. He further advised that there was no reason to reverse decision to evict, that efforts to find alternative housing were continuing and that Commission was in consultation with Department for Community Welfare to make satisfactory arrangements for children.

PERTH STATE GOVERNMENT DEPARTMENT 81/5139

Extract from Government Gazette in which State Tender Board of Western Australia items were referred to as coloured "nigger brown", which caused offence. Commissioner for Community Rela- tions referred the matter to the Tender' Board Chairman whose reply is awaited.

57 Complaint as Stated Outcome/Basis of Settlement

PERTH

NIGHT-CLUB 81/5098

Council for Civil Liberties in Western Matter was referred to night-club Australia advised of an incident in owner whose response is awaited. which four Aboriginal women were barred from a night-club by the owner. "I don't want boongs in my club" he was reported as saying. Aboriginal Legal Service of Western Aus tralia forwarded a complaint on behalf of the aggrieved persons.

PERTH HOTEL 81/5054

Radio announcer advised that a num- Information was given to the ber of people telephoned after four announcer for use on his talk back Aboriginal women had contacted him radio programme. about being refused entry into an hotel. Announcer also sought information about whether Racial Discrimination Act 1975 applied to incident reported.

PERTH (VICTORIA PARK)

MEDIA 81/5042

Complainant objected to a facsimile Matter was referred to publisher for edition of a book, first published in comment. The dissemination of ideas 1909, which referred to Aboriginals in based on racial superiority and hatred discriminatory and derogatory terms. is not unlawful under the Racial Dis- Facsimile edition gave the impression crimination Act 1975. that discriminatory attitudes were still valid and supported by the publisher.

58 Complaint as Stated Outcome/Basis of Settlement

PERTH (CLOVERDALE) State Housing Commission advised that every effort had been made to ACCOMMODATION 80/9580 counsel tenant to fulfil tenancy obliga- tions. Eviction had proceeded because Tenants Advice Service complained on of damage to property of neighbours behalf of an Aboriginal woman, an and anti-social behaviour which invalid pensioner with four children, who was evicted by the State Housing caused representation to be made by Commission because of complaints by neighbours. neighbours. She had lived in the house for ten years and was not offered alternative accommodation.

PERTH (FORRESTFIELD)

ACCOMMODATION 80/9579 Tenants Advice Service complained on Housing Commission advised that the behalf of an Aboriginal woman, her tenancy had been unsatisfactory for a seven children and four grandchildren, long period. evicted by the State Housing Commis- sion because of complaints by neighbours. The woman was not offered alternative housing.

PERTH (KELMSCOTT)

ACCOMMODATION 80/9581

Tenants Advice Service complained on State Housing Commission advised behalf of an Aboriginal woman evicted that for many years there had been by the State Housing Commission for constant complaints from various anti-social behaviour. neighbours about anti - s o c i a l behaviour. These complaints were investigated by Commission staff and found to be justified. This information was passed on to complainant who rejected it and called for the complaints to be made available. Commis- sion subsequently offered alternative accommodation to family.

59 Complaint as Stated Outcome/Basis of Settlement

PERTH Real Estate Agent advised that applicant was unsuccessful because she ACCOMMODATION 80/9455 was assessed as not being able to Real estate agent told an Aboriginal maintain rental payments. that a house she was seeking to rent was not available because the owners did not want Aboriginal tenants.

PERTH

NIGHT-CLUB 80/9344 Four Aboriginal women were refused Investigation by Community Relations entry to a night-club. officers was not possible because of limited resources. Matter was referred to Perth Consultative Committee on Community Relations. Statements on incident are awaited from aggrieved persons.

PERTH (LOCKRIDGE)

ACCOMMODATION 80/9358

Aboriginal family applied to State State Housing Commission advised Housing Commission for accommoda- that aggrieved persons had been tion. Commission officials said that housed despite rental arrears and there would be a waiting period of 5 or costs of repairs relating to previous 6 weeks. At the time between 35-50% tenancies. Commission advised also of Commission flats were vacant. A that apartment accommodation was Commission official reportedly said available to those Aboriginal appli- "We are not allocating flats to cants assessed as capable of coping. Aboriginals in Lockridge as a temporary measure until trouble has been sorted out".

60 Complaint as Stated Outcome/Basis of Settlement

PERTH (LOCKRIDGE)

POLICE 80/7240 Aboriginal was assaulted by a Road Assistance of Parliamentary Commis- Traffic Authority officer. Aboriginal was sioner for Administrative Investiga- arrested by police for alleged assault tions sought. He advised Aboriginal to and taken to the RTA office where he make a complaint to Commissioner of was addressed as "nigger" and struck Police. Police Department advised on the side of the head. Aboriginal was Commissioner for Community Rela- charged with resisting arrest and tions that investigation revealed there aggravated assault. was no evidence to substantiate the allegations. Matter sub-justice. Com- missioner for Community Relations has sought wishes of aggrieved person before pursuing matter further.

PERTH ENTERTAINMENT 80/7212

Three boys of whom two were Perth Consultative Committee on Com- Aboriginal went to a pinball parlour. munity Relations made enquiries with They were told to leave by the atten- pinball parlour proprietor. Ownership dant. He later told the non-Aboriginal of business had changed hands after the incident and attendant referred to boy's sister who challenged his in complaint was not known to new actions, "I can't serve Aboriginals". owner.

PERTH TRANSPORT 80/7077

Bus refused to stop for three The complainant had already con- Aboriginals who saw it pick up a non- tacted the bus company and Aboriginal Aboriginal further on. Legal Service of Western Australia which was pursuing the matter. State- ments from people involved are awaited.

61 Complaint as Stated Outcome/Basis of Settlement

PERTH

COMMUNITY 79/9252

Australian Inland Mission announced Commissioner for Community Rela- decision to withdraw medical staff from tions advised complainant that anti- Warburton because of alleged harass- social behaviour was not the cause of ment by Aboriginals. Commissioner for problems in race relations. Rather it Community Relations was asked by a arose from the position of Aboriginals complainant to investigate alleged dis- as oppressed people denied the crimination against non-Aboriginals. respect of the community and equality of opportunity in exercising fundamental freedoms and human rights.

PERTH TRANSPORT 79/9213

Aboriginal Legal Service of Western The Legal Service had already written Australia complained that a taxi driver to the taxi company requesting an used obscene language to an apology and to the Taxi Control Board. Aboriginal woman and in reference to The Taxi Control Board advised that her daughter said "Get the little black legal action was intended against the bastard out of the car". driver but after advice from the Crown Law Department this was not pursued. Taxi Control Board also advised that the driver had been severely repri- manded and the matter placed on record.

PERTH

EMPLOYMENT 79/9202

Aboriginal complainant took offence at Perth Consultative Committee on Com- a newspaper advertisement in which a munity Relations enquired into matter firm sought an Aboriginal salesman. and advised that advertisement had been placed in the newspaper without the knowledge of the firm. Police Crimi- nal Investigation Bureau made an investigation.

62 Complaint as Stated Outcome/Basis of Settlement

PERTH

STATE GOVERNMENT DEPARTMENT 79/9164

Promotional publication of Department Department of Industrial Development of Industrial Development referred to Co-ordinator advised that publication Aboriginals in racist and misleading was no longer in print and had been terms. For example prior ownership of replaced. Assurance was given by the land by Aboriginals was not Department that it promoted the con- acknowledged. Excerpts included "in cept of a multi-racial society in spite of the heat and dust and troub- Western Australia. lesome natives..." and "a land where racial or religious discrimination was never more than a trivial irritation, an unreasoning and rapidly fading hangover from less enlightened eras."

PERTH

RECREATION 79/9161

Teacher brought a group of Aboriginal Matter pursued by Perth Consultative students from Gnowangerup to Perth. Committee on Community Relations. They were refused admission to a Proprietor apologised in writing and disco despite the fact that the teacher gave assurances of future admittance. had telephoned earlier to make a reservation.

PERTH

POLICE 79/9160

Aboriginal Legal Service of Western charges would be laid. Commissioner Australia complained on behalf of for Community Relations requested teachers and several Aboriginal stu- Perth Consultative Committee on Com- dents from Katanning High School. munity Relations to enquire into matter While in Perth on a school trip a group and sought police co-operation. Com- of ten students accompanied by two mittee's findings were that police over teachers were in the city at night. A reacted but that it could not definitely police vehicle drove onto the footpath be said that racial discrimination was behind the group. Two plain clothes of- involved. ficers got out and chased the group allegedly handcuffing one girl, and assaulted another girl and a teacher. Incident received widespread media publicity. After investigation, Commis- sioner of Police advised that no

63 Complaint as Stated Outcome/Basis of Settlement

PERTH TRANSPORT 79/9055

An Aboriginal woman and her daughter Matter was referred to the Perth Con- were told by a car park attendant that sultative Committee on Community there was no more room. Another car Relations. which drove in behind the complainant's car was accommodated.

PERTH

HOTEL 78/8107

During a visit to Perth to meet with the Complaint was made to Perth Con- Western Australian government, sultative Committee on Community delegates of the Pitjantjatjara Council Relations which referred it to Commis- were refused service in a tavern where sioner for Community Relations. Com- they sought to have lunch. The pulsory conference held. Matter was licensee made comments about "hav- settled on basis of a written apology ing trouble with Aborigines before". and assurances of future service.

PERTH (COOLBELLUP)

COMMUNITY 78/5001

It was complained that the anti-social Commissioner for Community Rela- behaviour of an Aboriginal family tions offered to assist in interests of forced neighbours to move to another racial harmony. Matter referred to house. Perth Consultative Committee on Com- munity Relations.

64 Complaint as Stated Outcome/Basis of Settlement

PERTH

MEDIA 78/5216

An item on the ABC Radio Programme Australian Broadcasting Commission TM' reported that several Aboriginal General Manager advised that there youths assaulted and robbed people. It was were no grounds for concluding that complained that the reference to the racism was a factor. racial origin of youths was unnecessary. Complainant also took offence at a statement made by a Police Superintendent who said "This to me is very unfortunate that the youth have got to resort to this tactic; generally most white people - or most other people - would run away from the scene and get away out of it, but the Aboriginal youth seems intent upon kicking and administering some sort of beating".

PERTH (WEST SWAN)

COMMUNITY 78/5087

A local progress association opposed a Complainant was advised that the proposal to build four houses for details provided did not enable Com- Aboriginal families. A petition signed by missioner for Community Relations to 183 persons was lodged with local Shire proceed under the Racial Discrimination Council which refused building permit. Act 1975. Matter referred to Perth Consultative Committee on Community Relations which contacted Aboriginal community. No concrete cases of discrimination were forthcoming.

65 Complaint as Stated Outcome/Basis of Settlement

PERTH (MORLEY)

EMPLOYMENT 78/5058

Complainant forwarded an advertise- National Committee on Discrimination ment for a medical receptionist placed in Employment and Occupation by Aboriginal Medical Service. Adver- advised that because of nature of posi- tisement specified a preference for a tion, specification of 'Aboriginal des- person of Aboriginal descent. Complai- cent' was reasonable and within the nant believed this to be hypocritical terms of the International Labour Of- because Aboriginals were both asking fice Convention No 111 - Discrimina- for equal rights and complaining of dis- tion (Employment and Occupation) crimination. 1958. Advertisement did not constitute an unlawlful act of racial discrimination as Racial Discrimination Act 1975 and International Convention on the Elimination of All Forms of Racial Dis- crimination provide for special measures to assist persons and groups disadvantaged because of their race.

PERTH

ELECTIONS 77/5438

Leader of Opposition in Western Matter was referred to the Attorney- Australia complained that a Bill to General's Department for an opinion amend the Electoral Act discriminated but when complainant advised that the against illiterate Aboriginals and Bill had been defeated there was no migrants and queried whether it con- need for further action. travened the Racial Discrimination Act 1975.

PERTH

GOVERNMENT DEPARTMENT 77/5393 Aboriginal complained that the complainant was not available for work unemployment benefit payment to him- when interstate. It was further advised self and another person ceased after that no special steps were taken to they travelled to Canberra as members identify members of delegation and of an Aboriginal delegation. Depart- that normal procedures had been ment of Social Security was reported applied irrespective of race. to be investigating the circumstances of other members of delegation. Department of Social Security advised that payments were stopped because Complaint as Stated Outcome/Basis of Settlement

PERTH (MT HAWTHORN)

MEDIA 76/5634

Complainant objected to use of term Editor advised that he appreciated the 'black' in newspaper headline. offence caused by such terms and that sub-editors were under instructions to avoid use.

PERTH (WILLAGEE)

COMMUNITY 76/5467

Australian Legal Aid Office advised of Assistance of Department of Social harassment of an Aboriginal by a Security sought. Family was placed on neighbour who used derogatory terms State Housing Commission list for and whose/hostility caused distress. emergency transfer.

PERTH ACCOMMODATION 76/5410

Aboriginal Advancement Council of State Housing Commission advised Western Australia complained on that an offer of housing had been dec- behalf of an Aboriginal family which lined. As a result, application had been had waited for over four years for State replaced on the waiting list without Housing Commission accommodation. priority. Complainant responded that It was claimed that family would have offer had been declined because home been treated differently if it were non- was a long way from applicant's Aboriginal. employment. Matter was resolved when Housing Commission offered accommodation suitable to the family.

PING ELLY HAIRDRESSING SALON 80/9310

An Aboriginal woman took her young Compulsory conference held. Matter son to a hairdressing salon for a hair- settled on basis of an oral apology. cut. The hairdresser refused saying that she did not cut the hair of local coloured people.

67 Complaint as Stated Outcome/Basis of Settlement

PINJARRA

ACCOMMODATION 79/9003 It was complained the State Housing Commissioner for Community Rela- Commission was evicting an tions telegrammed State housing Com- Aboriginal tenant because of rent mission advising he had received arrears. assurances that satisfactory arrangements to avoid eviction could be made. As no further details have been provided matter has not been pursued.

PORT HEDLAND

EMPLOYMENT 81/7312

A non-Aboriginal complained that he Senior staff member of company had been dismissed because he was advised that the complainant's work engaged to an Aboriginal. His super- record was unsatisfactory, and that visor allegedly said "You've got a gin action had been taken because a party out there. I am not interested in you." It at 3 am was disturbing other was also complained that one night the employees living in same dormitory. Perth manager of company had burst into the man's room and ordered out two Aboriginal women friends.

PORT HEDLAND

ACCOMMODATION 80/9554

An Aboriginal woman complained that served on the tenant for rent arrears. State Housing Commission obtained Efforts to contact her about her fur- possession of her house without Court niture failed so items were taken away. order. She returned home to find the Subsequently replacement furniture house boarded up with her posses- was offered and accepted by sions inside. Subsequently, commis- aggrieved person as full restitution. sion officers removed personal effects from the house and destroyed them. State Housing Commission advised that a notice to quit was personally

68 Complaint as Stated Outcome/Basis of Settlement

PORT HEDLAND National Committee on Discrimination in Employment and Occupation made EMPLOYMENT 77/5177 an investigation and advised that the Aboriginal Legal Service of Western man's work performance was Australia complained t h a t a n unsatisfactory. Company had sug- Aboriginal was demoted to a labourer gested he temporarily revert to a lesser because of insufficient experience. position to gain experience under a However the man had done similar foreman. Other Aboriginals were work in Queensland for many years. He employed by the firm. resigned and then reapplied for work but was refused twice. He attributed this and his demotion to his race.

QUAIRADING

ACCOMMODATION 80/9514

Trades and Labour Council Social Complainant subsequently advised Welfare Office complained that an that church groups had helped to Aboriginal woman was denied State defray the amount owed and that State Housing Commission accommodation. Housing Commission had offered The woman and her four children were accommodation to the family. living with her parents and family which caused severe overcrowding. Although Commission accommodation was available in a nearby town, an amount owing for damage to a previous Commission house precluded her from consideration. It was claimed that the tenant had not caused the damage and had nevertheless paid a substantial amount of the total owing.

QUAIRADING

PRIVATE CLUB 76/5868

Department of Immigration Regional Commissioner for Community Rela- Office referred an enquiry about tions advised that private clubs did not whether it was unlawful for a private come within the scope of the Racial club to exclude people from member- Discrimination Act 1975 but that in the ship on ethnic or racial grounds. interest of community relations club memberships ought not to be determined by race, colour, national or ethnic origin.

69 Complaint as Stated Outcome/Basis of Settlement

ROEBOURNE

COMMUNITY 81/7652

Aboriginal Legal Service of Western Matter was conveyed to the store Australia and Aboriginal Advancement proprietor whose response is awaited. Council of WA complained about tee- shirts advertising the town of Roebourne with a motif depicting drunken Aboriginals outside the local store.

TURKEY CREEK

ELECTIONS 80/9370

Two men took a 200 litre drum of port Compulsory conference was held and and other alcohol to the Warmun com- attended by representatives of War- munity at Turkey Creek on the eve of mun community, local National West Australian State Election in Aboriginal Conference member and February 1980 with the intention of respondents. The matter was settled making members of the community too on basis of a written apology and cash drunk to vote. One of the men was re- payment of $1,000 to the complai- ported as saying "I wanted to get them nants. drunk because they are the most illiterate race in the world. They don't have the brains to vote".

WAG IN EMPLOYMENT 79/9087

Aboriginal Legal Service of Western Consultative Committee on Community Australia complained that an Relations advised that the aggrieved Aboriginal was refused promotion and person had left the district and no then sacked by Shire Council. It was longer wished to pursue matter. claimed that other Aboriginal employees were also dismissed and discriminated against.

70 Complaint as Stated Outcome/Basis of Settlement

WYNDHAM (NINE MILE) POLICE 80/9598

During an enquiry into alleged infringe- With the agreement of the parties, a ments of the Electoral Act, police took compulsory conference was held. It Aboriginals from their camp to the was attended by members of the police station, fifteen kilometres away, Aboriginal community council, comp- for interview. It was complained that lainants, aggrieved persons, National some Aboriginals, including elderly Aboriginal Conference member, police, persons, were transported in the wire including the regional superintendent, cage on the back of a police truck local sergeant and the respondent who without knowing why they were being was a detective sergeant. Matter was taken. It was further complained that settled on basis of an oral apology, the they were asked for whom they voted development of understanding about in the state election. the incident, assurances and proposals to improve relations between police and Aboriginals.

VARIOUS LOCATIONS

ACCOMMODATION 80/9442

Trades and Labour Council Social Community Relations officers met with Welfare Office forwarded a submission senior State Housing Commission offi- citing cases of hardship caused to cials to enquire into complaints Aboriginal families by State Housing detailed in the submission. Commis- Commission policy and practice. Ins- sion officers advised that immediate tances mentioned were from Quairad- need for housing was greater than ing Reserve, Northam Reserve, Mid- available funds. land, Hilton Park, Leederville and Kojonup. Submission called for State Housing Commission to adopt urgently a policy which was more flexible and suitable for Aboriginals.

71 Complaint as Stated Outcome/Basis of Settlement

GENERAL

ACCOMMODATION 81/7567

Submission to Perth Consultative The submission was referred to the Committee on Community Relations Chairman of State Housing Commis- alleged that practices of State Housing sion for his comment. His reply is Commission contributed to social awaited. problems of Aboriginals. It was alleged that less desirable houses were allocated to Aboriginals, and that Aboriginal families are not accommodated next to houses owned or being purchased by the occupier. It was further alleged that Aboriginal families with poor standards were referred to the Aboriginal Housing Board despite its long waiting list when State Housing Commission houses were vacant.

GENERAL COMMUNITY 81/5219

72 Matter has been conveyed to the A prominent Western Australian individual concerned in the interests of industrialist said during an interview community relations. Under the Racial on Queensland television that "half- Discrimination Act 1975, the dis- caste" Aboriginals should be sterilised semination of ideas based on racial and confined to a small area of North- superiority or hatred is not unlawful. west Australia. He said that most of the racial trouble and demands for Aboriginal land rights come from "half- castes." His 'solution' would be to make their social security cheques receivable only at Karratha. "When they had gravitated there I would dope the water up so that they were sterile and would breed themselves out in the future. That would solve the problem".